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Pursuant to Penal sections 1001.95-1001.97, effective 1/1/21, the Court enacts a Misdemeanor Diversion Program as set forth in the attached Exhibit “A”, effective immediately and in place until either modified or terminated by the Presiding Judge (dated January 5, 2021; Michael A. Fagalde, Presiding Judge); to qualify, a plea of not guilty to the charge(s), a waiver of the right to a speedy trial and consent to completing the diversion program assigned by the Court; if the Court grants diversion, criminal proceedings suspended for the charges eligible, any bail bond or bail deposit ordered exonerated and release on own recognizance (OR), the period no less than 6 months and no more than 12 months, participation not a conviction or admission of guilt; on successful completion the charge(s) dismissed and the arrest deemed to have never occurred - still disclosed in a questionnaire or application for a position as a peace officer; on unsatisfactory performance the District Attorney’s Office or the Court may bring a motion to terminate the diversion, with notice and a hearing, and on termination the Court will reinstate the charge(s); the divertible misdemeanors - Vehicle Code §12500(a) or Vehicle Code §14601.1(a) (first offense only, not in misdemeanor diversion within 3 years of the date of the current offense: obey all laws, do not drive unless properly licensed and insured, written proof of a valid driver’s license), Penal Code §488 (the value of the property taken $250 or less: obey all laws, restitution to the victim(s) in full with written proof of payment, 40 hours of community service monitored by the Mariposa County Probation Department), Penal Code §415 and Penal Code §647(f) (obey all laws, 40 hours of community service) and Penal Code §853.7 related to any of the above charges (obey all laws, 40 hours in the Probation Works Program, or in a program approved by the Mariposa County Probation Department for those who live outside of Mariposa County) - each dismissed at a 6-month review hearing if all conditions have been met, otherwise continued for a 12-month review hearing; the declarations of the defendant and of the attorney for defendant.
California > Fifth Appellate District > Mariposa County > Superior Court of California, County of Mariposa
MARIPOSA COUNTY SUPERIOIR COURT STANDING ORDER #21-002 MISDEMEANOR DIVERSION PROGRAM FILED MARIPOSA SUPERIOR COURT JAN 0 5 2021 COURT CLERK Pursuant to Penal sections 1001.95-1001.97, effective 1/1/21, the Court hereby enacts a Misdemeanor Diversion Program as set forth in the attached Exhibit “A”. This program is effective immediately and will remain in place until either modified or terminated by the Presiding Judge. Dated: January 5, 2021 Michael A. Fagalde, Presiding Judge Mariposa County Superior Court Exhibit A SUPERIOR COURT OF THE STATE OF CALIFORNIA MARIPOSA COUNTY SUPERIOR COURT PEOPLE OF THE STATE OF CALIFORNIA, Plaintiff, vs. Defendant. CASE NO.: MISDEMEANOR DIVERSION INFORMATION FORM AND AGREEMENT (Penal Code §§1001.95-1001.97) To qualify for the Misdemeanor Diversion Program pursuant to Penal Code sections 1001.95-1001.97, you must enter a plea of not guilty to the charge(s), waive your right to a speedy trial, and consent to completing the diversion program assigned to you by the Court. If the Court grants diversion, criminal proceedings will be suspended for the charges eligible for the diversion program. Any bail bond or bail deposit made by you or on your behalf will be ordered exonerated by the Court and you will be released on your own recognizance (OR). The period for which misdemeanor diversion is granted will be no less than 6 months and no more than 12 months. Your participation in the Misdemeanor Diversion Program pursuant to Penal Code sections 1001.95-1001.97 shall not be considered a conviction or admission of guilt for any purposes. Upon your successful completion of the Misdemeanor Diversion Program the Court will dismiss the charge(s) subject to diversion and the arrest for those charges shall be deemed to have never occurred. You may indicate in response to any question about your prior criminal record that you were not arrested for this/these charge(s). If the charge(s) is/are dismissed, any record filed with the Department of Justice must reflect this dismissal. The arrest upon which you were diverted will be deemed to have never occurred. The record of this arrest shall not, without your consent, be used to deny you any employment, benefit, license or certificate. Regardless of your successful completion of the Misdemeanor Diversion Program, you must still disclose the arrest if you are asked about it in a questionnaire or application for a position as a peace officer. The Department of Justice may disclose the arrest in response to a peace officer application request. If you perform unsatisfactorily in the Misdemeanor Diversion Program, the District Attorney’s Office or the Court may bring a motion to terminate your diversion. You will be notified of such a motion at your last known address and the Court will hold a hearing to determine whether your diversion should be terminated. If your Misdemeanor Diversion Program is terminated, the Court will reinstate the charge(s) and schedule further criminal proceedings. Divertible Misdemeanors (Check all that apply) ( ) Vehicle Code §12500(a) or Vehicle Code §14601.1(a) (First offense only.) • To be eligible you must not have been in misdemeanor diversion within 3 years of the date of the current offense. • Conditions: 1. Obey all laws; 2. Do not drive unless properly licensed and insured; and 3. Provide written proof of a valid driver’s license. • The charge will be dismissed at a 6-month review hearing if all conditions have been met. If license not obtained as of 6-month review hearing, the case will be continued for a 12-month review hearing and will be dismissed at that time if all conditions have then been met. ( ) Penal Code §488 (Where the value of the property taken is $250 or less.) • Conditions: 1. Obey all laws: 2. Pay restitution to the victim(s) in full and provide written proof of payment to the Court; and 3. Perform 40 hours of community service (to be monitored by the Mariposa County Probation Department). • The charge will be dismissed at a 6-month review hearing if all conditions have been met. If restitution has not been paid or community service has not been completed as of the 6-month review hearing, the case will be continued for a 12-month review hearing and will be dismissed at that time if all conditions have been met. If restitution has not been paid as of the 12-month review hearing, the Court may order dismissal if all other conditions have been met and the Court finds the you have had no ability to pay restitution. ( ) Penal Code §415 and Penal Code §647(f) • Conditions: 1. Obey all laws; and 2. Perform 40 hours of community service (to be monitored by the Mariposa County Probation Department). • The charge(s) will be dismissed at a 6-month review hearing if all conditions have been met. If community service has not been completed as of the 6-month review hearing, the case will be continued for a 12-month review hearing and the charge(s) will be dismissed at that time if all conditions have been met. ( ) Penal Code §853.7 (Related to any of the above charges.) • Conditions: 1. Obey all laws; and 2. Complete 40 hours in the Probation Works Program. (If you live outside of Mariposa County, you must complete 40 hours in a program approved by the Mariposa County Probation Department.) • The case will be dismissed at a 6-month review hearing if all conditions have been met. If the Probation Works Program has not been completed as of the 6-month review hearing, the case will be continued for a 12-month review hearing and will be dismissed at that time if all conditions have been met. DECLARATION I declare that I have read the above or had it explained to me by my attorney, that I understand it, that I agree to participate in the Misdemeanor Diversion Program, and that I have been provided a copy of this document. Dated: Defendant’s Signature I declare that I have discussed this form with my client and that I have answered all questions that he/she may have about participation in the Misdemeanor Diversion Program. Dated: Attorney for Defendant
MARIPOSA COUNTY SUPERIOIR COURT STANDING ORDER #21-002 MISDEMEANOR DIVERSION PROGRAM FILED MARIPOSA SUPERIOR COURT JAN 0 5 2021 COURT CLERK Pursuant to Penal sections 1001.95-1001.97, effective 1/1/21, the Court hereby enacts a Misdemeanor Diversion Program as set forth in the attached Exhibit “A”. This program is effective immediately and will remain in place until either modified or terminated b
Reviewer note: Transcribed 2026-10-15 (California T4 Mariposa build 2026-10-15) by eye from BenchPath custody ca/t4/ca-mariposa/docs/standingorder21-002.pdf (290465 bytes, sha256 448ebacb46fb648e2c5c285d23dc8922481ef92667e838c9626903297083d709; 5 pages, scanned page images with no text layer): read on the page images rendered at 200 dpi (vision/img/so21002-p01.png to so21002-p05.png) and checked against a RapidOCR reading of each page image (at 200 dpi), never published - the file has no text layer: of the transcription's 1009 words, 91 6-word windows were not found in the reading, in 9 spans - 3 spans split into consecutive pieces each found (the order's heading lines and the clerk's FILED stamp, which the reading interleaves; the Dated line, whose day is handwritten; and a bullet the reading sets apart) and 6 spans read again on the page images and found as transcribed (the reading interleaves the caption's two columns, skips one whole printed line and reads the digits 40 as “4o”) (vision/check-log.txt; evidence/vision-check-2026-10-15.log, evidence/vision-explain-2026-10-15.log). Not part of the text: the rules of the caption and of the fill-in and signature lines, the handwritten signatures (the Presiding Judge's above his printed name; the one across the stamp's rule), the page numbers 1 to 3 at the foot of pages 3 to 5, the underline of the divertible misdemeanors' heading and scan specks; the handwritten day on page 1's Dated line (“5”) is transcribed. The clerk's FILED stamp (top right of page 1) is set as one block after the order's three heading lines; the information form's caption sets its party block on one line before its right column (“CASE NO.:” and the form's title). The transcription's closing note, which describes the pages, is not published. Review note: The order's news item on the court's site is dated “September 20, 2020”; the order is dated January 5, 2021 and signed by Michael A. Fagalde as Presiding Judge (today the Assistant Presiding Judge). Its heading prints “SUPERIOIR” as written. Whether the program's terms still agree with Penal Code sections 1001.95-1001.97 as now in force was not checked. A review task asks the court to confirm the order remains in effect.
Standing order of the 109th Judicial District Court for every pending or later-filed case in Andrews, Winkler and Crane Counties: any attorney or self-represented litigant who uses any form of artificial intelligence for legal research or drafting in a case must, before using AI-generated information in a court submission or proceeding, sign and submit the court's certification form stating that all language, quotations, sources, citations, arguments and legal analysis created or contributed to by generative AI were verified as accurate by a human through traditional (non-AI) legal sources, and acknowledging responsibility and potential sanctions for their or their co-counsel's failure to comply. Effective immediately; in effect until rescinded or replaced.
Standing order of the 109th Judicial District Court for every pending or later-filed case in Andrews, Winkler and Crane Counties: any attorney or self-represented litigant who uses any form of artificial intelligence for legal research or drafting in a case must, before using AI-generated information in a court submission or proceeding, sign and submit the court's certification form stating that all language, quotations, sources, citations, arguments and legal analysis created or contributed to by generative AI were verified as accurate by a human through traditional (non-AI) legal sources, and acknowledging responsibility and potential sanctions for their or their co-counsel's failure to comply. Effective immediately; in effect until rescinded or replaced.