Avoid Jail Now -Michael Fiumara, Attorney
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THE LAW OFFICES OF MICHAEL A. FIUMARA
182 Farmers Lane, Suite 100-A, Santa Rosa, CA 95405
Phone: (707) 571-8600 Fax: (707) 568-7240

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Adult Diversion and Other Alternatives to Jail

Educational Sentencing Program (ESP)
Project Intercept
Supervision on Your Own Recognizance (SOR)


Michael A. Fiumara

There are a whole range of diversion programs that are available when your attorney successfully negotiates with the District Attorney and the Judge.

Some of these programs are:

1. EDUCATIONAL SENTENCING PROGRAM (ESP)


The Educational Sentencing Program (ESP) offers an alternative or augmentation to standard custody sentencing. The ESP sentencing option accepts all criminal violations, misdemeanor and felony as a condition of sentencing. The duration of the program is six months, the cost is $60.00 per month, and focuses on human services for long-term behavior change. The ESP program is well accepted and is an alternative to jail that requires a reconsideration of bad behavior.

ESP provides the following services for those referred to the program:

  • Needs assessment
  • Individual case planning
  • Onsite educational training, and
  • Referral to the appropriate community resources

ESP's objectives is to give participants knowledge, skills, and practical tools to help lead law-abiding lives.

2. PROJECT INTERCEPT


This is a four (4) month program with a cost of $350 including screening and a monthly payment of $75. Unfortunately the District Attorney retains discretion (over the judge) to stipulate to participation for an ineligible offense. Usually the program accepts all misdemeanor violations unless the charges involve the use of force or violence against a person, except for violation of Penal Code Sections 415, 242 and 148 where there was no use of force.

If the charges involve violence, child or sexual abuse or child neglect involving violence, a weapon, a vehicle code offense or a sex offense requiring registration per PC 290 the defendant can not participate!

The benefit of Project Intercept is that once the program is successfully completed the charges are dismissed as if they never happened. Unfortunately an arrest record will be in existence so be careful when you answer employee applications.

3. SUPERVISION ON YOUR OWN RECOGNIZANCE (SOR)


Your attorney should also request that the accused be permitted to participate in SOR, better known as Supervision on Your Own Recognizance. It allows the accused to be released from jail on the condition that he/she appears at every hearing and undergoes rigorous drug testing through probation and other requirements. This is certainly a better alternative to jail!

Other Adult Diversion Programs through the California Human Development Corporation are available for minor misdemeanors, that is, the Theft Awareness Program. For more information on these programs you can call the Sonoma County Jail and/or Adult Probation at 578-6042, or our law offices at 571-8600.


DISCLAIMER

The information and statements above does not constitute legal advice. The receipt of the above-mentioned information should not become the formation of a lawyer or an attorney-client relationship. Any results in your potential case are only dependent on the facts of that case and results will vary based upon different facts and the application of those facts. The statements are intended to be general statements of the law in California.

The statements are intended to give you a general understanding of what is involved in the criminal justice system in California and is an attempt to educate the reader. It is preferable to consult with a licensed attorney of your choice, or you may choose to consult with our office to learn the specifics of the law and how we may tailor that law to fit your needs. Please understand that the law is subject to change. Even though we work hard to update our website, we cannot guarantee its accuracy at all times.

 
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The Law Offices of Michael A. Fiumara
182 Farmers Lane, Suite 100-A, Santa Rosa, CA 95405
Phone: (707) 571-8600 Fax: (707) 568-7240
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