SAN FRANCISCO, CA – A judge here in San Francisco County Superior Court has rejected opposition from the prosecutor, and awarded a young mother a “caregiver” diversion to avoid formal prosecution and take care of her child.
Deputy Public Defender Jon Filner argued the co-accused has already claimed responsibility for the weapon in question, but is the primary caregiver to her newborn child, and has never been in trouble with the law.
He asked the court to accept their motion for diversion. The Assistant District Attorney objected to the diversion, arguing it was a weapons charge and outweighed the evidence for a diversion.
The accused is facing charges of carrying a loaded and concealed firearm; the weapon in question was found during a vehicle search conducted during a traffic stop.
APD Filner presented the court with the justifications for a diversion, explaining the accused “is a new mother to a six-month-old child; she has obeyed all laws previously, and she is no risk to the public.”
After hearing the APD’s justifications, Judge Teresa Caffese reminded the courtroom that the degree of one of the charges had been reduced from felony to misdemeanor.
The DDA acknowledged that the justification for a “caregiver” diversion applied to the accused’s situation, but added, “I must object due to the weapons charge.”
After the DDA’s remarks, Judge Caffese asked, “Where was the weapon?”
APD Filner informed the judge of the weapons’ location and reminded her that the court is aware the co-accused has claimed responsibility for the firearm.
Judge Caffese granted the “caregiver” diversion to the accused despite the DDA’s objection. The accused must complete 12 parenting classes within 12 months. Judge Caffese set a progress report hearing in six months and the diversion will last one year.
