PALO ALTO, Calif. — Despite two years of substance abuse and mental health treatment and no new criminal charges since his case was filed in 2024, a man facing misdemeanor drug charges was denied judicial diversion Wednesday at the Palo Alto Courthouse, leaving him with a criminal conviction despite what his defense described as his commitment to rehabilitation.
According to court records, the defendant was originally charged with felony attempted robbery, misdemeanor possession of a controlled substance and misdemeanor possession of a narcotic controlled substance, along with an enhancement based on prior serious felony convictions under California Penal Code Section 999.
The defendant pleaded not guilty to felony attempted robbery, which, due to insufficient evidence, was not held to answer and was dismissed.
At the hearing, Deputy Public Defender Helen Kirby requested judicial diversion for the defendant’s remaining misdemeanor charges. Judicial diversion is granted at a judge’s discretion, and successful completion would allow the charges to be dismissed.
It is designed to address the underlying “remediable circumstances” behind certain crimes for individuals who “demonstrate rehabilitation.”
Kirby explained that the defendant had not committed any new violations since 2024, had completed mental health and substance abuse programs and was close to completing a halfway house program, highlighting his commitment to recovery.
Before ruling on the diversion request, Judge Nicole Isger asked the prosecution for more information about the defendant’s criminal history. The deputy district attorney said the defendant had felony and misdemeanor charges from 2020.
The defendant also had several arrests since the current case was filed in 2024, but no new criminal charges.
Upon learning of the defendant’s past charges, Isger denied diversion and probation.
After a short discussion between counsel, the defense accepted the prosecution’s offer of taking the second misdemeanor charge with credit for time served. Isger accepted the defendant’s plea of no contest and sentenced him to 20 days in county jail, which was deemed satisfied with credit.
Due to the defendant’s inability to pay, Isger also waived his fees. Count 3 — misdemeanor possession of a narcotic controlled substance — was dismissed due to lack of prosecution.
Though the defendant avoided additional jail time, the misdemeanor charge will remain on his criminal record. Criminal records can negatively affect an individual’s education, career and housing prospects long after a sentence is served.
“Not having a job and stable housing increases the likelihood of recidivism,” said former National Institute of Justice Director Jennifer Scherer.
For a defendant who has spent two years completing substance abuse and mental health programs, a criminal record that limits future employment opportunities may undermine the very rehabilitation judicial diversion seeks to encourage.
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