By Madison Whittemore
WOODLAND, CA – “She has continued to make poor decisions that are at odds with the law,” Deputy District Attorney Michelle Serafin charged here in Yolo County Superior Court last week about an accused woman seeking judicial diversion for her pending misdemeanor charge of driving while on a suspended license.
The accused, who lives in West Sacramento and appeared on Zoom, is a single mother who relies on CalWORKs and food stamps to support herself and her children.
Currently, the accused is facing a misdemeanor charge from May, 2023, for driving with a suspended license while being on probation for a prior driving under the influence (DUI) charge.
According to the terms of the accused’s probation, she must take a very pricey alcohol education class.
However, certified legal intern India Neville (under the supervision of Deputy Public Defender Jose Gonzalez-Vasquez) explained to Judge Sonia Cortés the accused struggles financially and cannot afford the alcohol education class, which costs $2,750.
“I have been trying for the past month to get the accused into a alcohol education program that she would be able to afford,” Neville asserted, explaining she has extensive email and phone records that she would be happy to present to the court.
Recounting her numerous failed efforts to help the accused get financial assistance, Neville explained how she had finally found a program called the “Adult Reporting Center” that the accused could get enrolled in through a court referral.
“I am just trying to reiterate the fact that we are working very hard together to get her in compliance with the terms of her previous case and this would just put her in more debt,” Neville expressed to both DDA Serafin and Judge Cortés.
However, despite acknowledging Neville’s struggles and “sympathizing” with the accused, DDA Serafin strongly objected to judicial diversion through the Adult Reporting Center, arguing, “The diversion being granted by the court is something that should be utilized before someone gets to their third case.”
After continuing to debate with Neville, DDA Serafin stated, “I don’t think it would be in the interest of justice….you would be rewarding her for committing a new crime while she’s on probation, by giving her diversion.”
Eventually, both Neville and DDA Serafin agreed on a different resolution apart from judicial diversion, per the judge’s suggestion.
The accused will enroll in a prosecutor-ordered misdemeanor diversion program (PES), during which time the accused will participate in alcohol education classes and will pay fines through a payment plan.
The court will reconvene for the accused’s case on March 26, 2024, for a review, giving the accused four months to get enrolled and complete the PES course.
