Is Los Angeles County still prosecuting misdemeanor cases?

Q: Which misdemeanors is LADA declining to prosecute?

LADA will decline or dismiss charges prior to the arraignment for the following misdemeanors unless an exception or other considerations exist: Trespass, Public intoxication, Loitering, Criminal threats, Driving without a license or on a suspended license, Possession of drugs or paraphernalia, Disturbing the peace, and Being under the influence. Depending on the case, potential exceptions are if the suspect committed similar crimes in the previous 24 months, pose a threat, or has no indicia of mental illness, addiction, or homelessness.

Q: How long does diversion last in misdemeanor cases?

Diversion programs typically last six months, but they may last up to 18 months. Depending on the case, they may consist of classes, counseling, and other rehabilitative treatment programs.

Q: If LADA does prosecute, can defendants take a plea?

Yes, and any plea deals must meet the following conditions: Any community service must not exceed 15 days. The sentence may not include both jail and community service. Once prosecutors make an offer, prosecutors may not increase it in response to the defendant making pretrial motions or seeking a jury trial. And prosecutors will not object to indigent defendants' requests to waive fines and fees.

Q: What is the reason for the Special Directive 20-07?

Misdemeanor prosecution typically does more harm than good. Most people cited or arrested for non-violent offenses need help, not punishment. They would benefit more by getting treatment rather than being fined money they cannot pay back or incarcerated in jails that drain taxpayer money. Meanwhile, one misdemeanor conviction can have destructive, lifelong consequences. It can cause defendants to lose their employment or be passed over for other jobs. It can cause defendants to be rejected in housing applications. And it can cause defendants to be denied a professional license that they are other qualified for. In short, the punishment for a misdemeanor conviction far outweighs the transgression itself. And for defendants suffering from mental illness, substance abuse addiction, alcoholism, or homelessness, a conviction solves nothing and just makes it harder for them to advance in life. By switching focus from punishment to rehabilitation without pressing charges, LADA hopes to help not only the individuals but also society at large.

Is Los Angeles County still prosecuting misdemeanor cases?

Gavel and plaque that says misdemeanor — LA County is limiting its misdemeanor prosecutions.

Yes, but less so now that LADA (Los Angeles District Attorney) has adopted Special Directive 20-07. In attempt to promote rehabilitation over punishment, LADA will decline to press charges in many California misdemeanor cases. Instead, LADA will divert these suspects to treatment providers (called “diversion“) in attempt to keep them from reoffending.

Which misdemeanors is LADA declining to prosecute?

LADA will decline or dismiss charges prior to the arraignment for the following misdemeanors unless an exception or other considerations exist.

Misdemeanors that will be declined or dismissed	Factors allowing prosecutors to press charges*
Trespass (Penal Code 602(a)-(y) PC)	Repeat trespass offenses within the last 2 years; The suspect is a verifiable, imminent safety risk; and/or There is no indicia of substance use disorder and/or mental illness, or homelessness
Disturbing The Peace (Penal Code 415(1)-(3) PC)	Repeat similar offenses within the last 2 years; and/or There is no indicia of substance use disorder and/or mental illness
Driving Without A Valid License (Vehicle Code 12500(a)-(e) VC)	Repeat similar driving offenses within the last 2 years
Driving On A Suspended License (Vehicle Code 14601.1(a) VC)	Repeat similar driving offenses within the last 2 years
Criminal Threats (Penal Code 422 PC)	It was related to domestic violence or hate crimes; Repeat threat offenses within the last 2 years; There is a documented history of threats towards the victim(s); The suspect possessed a dangerous weapon; and/or There is no indicia of substance use disorder and/or mental illness.
Possession of a Controlled Substance (Health & Safety Code 11350 HS)	None identified.
Possession of Marijuana (Health & Safety Code 11357 HS	None identified.
Possession of Drug Paraphernalia (Health & Safety Code 11364 HS)	None identified.
Possession of Controlled Substances formerly classified as Restricted Dangerous Drugs (Health & Safety Code 11377 HS)	None identified.
Minor in Possession of Alcohol (Business & Professions 25662(a) BP)	None identified.
Drinking in Public (Los Angeles County Municipal Code §13.18.010)	None identified.
Under the Influence of Controlled Substance (Health & Safety Code 11550 HS)	None identified.
Public Intoxication (Penal Code 647(f) PC)	None identified.
Loitering (Penal Code 647(b),(c), (d), (e) PC)	Repeat similar offenses in the last 2 years
Loitering To Commit Prostitution (Penal Code 653.22(a)(1) PC) (now repealed)	None identified.
Resisting Arrest (Penal Code 148(a) PC)	Repeat similar offenses in the last 2 years; The suspect used physical force against a peace officer; and/or The charge is filed in connection with another offense not listed above
* Prosecutors may still be able to press charges if the suspect poses an identifiable, continuing threat to another person and if the prosecutors consult with their supervisor and place the justification in writing.

This list is not exhaustive – prosecutors may decline similar charges in keeping with the Special Directive’s spirit.

How long does diversion last in misdemeanor cases?

Diversion programs typically last six months, but they may last up to 18 months. Depending on the case, they may consist of classes, counseling, and other rehabilitative treatment programs.

People caught committing misdemeanors in Los Angeles may be able to avoid prosecution by getting treatment.

If LADA does prosecute, can defendants take a plea?

Yes, and any plea deals must meet the following conditions:

Any community service must not exceed 15 days.
The sentence may not include both jail and community service.
Once prosecutors make an offer, prosecutors may not increase it in response to the defendant making pretrial motions or seeking a jury trial.
Prosecutors will not object to indigent defendants’ requests to waive fines and fees.

What is the reason for the Special Directive 20-07?

Misdemeanor prosecution typically does more harm than good. Most people cited or arrested for non-violent offenses need help, not punishment. They would benefit more by getting treatment rather than being fined money they cannot pay back or incarcerated in jails that drain taxpayer money.

Meanwhile, one misdemeanor conviction can have destructive, lifelong consequences. It can cause defendants to lose their employment or be passed over for other jobs. It can cause defendants to be rejected in housing applications. And it can cause defendants to be denied a professional license that they are other qualified for.

In short, the punishment for a misdemeanor conviction far outweighs the transgression itself. And for defendants suffering from mental illness, substance abuse addiction, alcoholism, or homelessness, a conviction solves nothing and just makes it harder for them to advance in life. By switching focus from punishment to rehabilitation without pressing charges, LADA hopes to help not only the individuals but also society at large. If you are charged with a crime, contact our LA criminal defense lawyers.

Go to the LADA Special Directive 20-07 to read the full policies.

About the Author

Neil Shouse

A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.

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