The Los Angeles City Attorney’s office can resolve some low-level misdemeanor matters without a court case through programs such as its Neighborhood Justice Program (NJP): a voluntary, restorative justice process in which the participant takes responsibility before a community panel and completes agreed obligations, after which, the office says, no criminal case will be filed. The office also holds informal City Attorney hearings as an alternative to misdemeanor prosecution. Neither is automatic, and NJP, which began as pre-filing diversion, now also accepts some cases that have already been filed.

Neighborhood Justice Program (NJP)

The office’s Criminal Justice page groups NJP and City Attorney hearings under “Prosecutor Led Programs,” offered “at the point of law enforcement contact or at the time criminal charges are filed.” Its NJP page describes a diversion program for “first-time offenders and other eligible individuals.” The Criminal Justice page says all misdemeanor charges are eligible except certain crimes, which it does not list, and that NJP has expanded to accept post-filing cases and people with minimal criminal history.

If a case is routed to NJP, the program’s FAQ describes these steps:

  • A coordinator from the City Attorney’s office contacts the participant, does an intake, and schedules a panel of three trained community volunteers and a facilitator, in person or by video. The victim is invited to take part.
  • The panel discusses the offense, why it was committed, and the harm it caused, and the participant agrees to obligations (“amends”) that can include community service, a letter of apology, restitution, or classes.
  • The participant has eight weeks after the panel to complete the obligations. If they are completed, no criminal case will be filed; if not, the case is referred back to the City Attorney for prosecution in criminal court.
  • NJP itself does not charge participants, but some obligations, such as community service or classes, can carry fees set by outside agencies.

What the office tells NJP participants about their rights

The office’s NJP Notice of Legal Rights and FAQ say:

  • Participation is voluntary and can be ended at any time. Declining returns the case to the regular course of prosecution.
  • A participant must take responsibility for their actions. Someone who believes they did nothing wrong can instead challenge the case in criminal court.
  • A participant may have their own attorney present at all stages of NJP.
  • NJP is confidential: if the case is terminated in NJP, statements made in NJP “cannot be used against you if it proceeds to court.”
  • Completing NJP leaves no record of conviction, but depending on the circumstances an arrest record may still be reported to the California Department of Justice and could affect immigration status, employment, licensing, and housing. Arrest relief may be available afterward.

City Attorney hearings

A City Attorney hearing is “an informal proceeding that is conducted as an alternative to a misdemeanor criminal prosecution,” used where a crime occurred but prosecution may be inappropriate (Criminal Justice). A hearing officer can advise a person about the offense and the consequences of repeating the conduct, and can also provide information and referrals. The office also uses hearings for cases that City agencies refer after their own earlier attempts to obtain code compliance did not work.

Arrests tied to substance use, mental illness, or homelessness

The office’s LA DOOR program, which delivers services at five “hotspot” locations, works with people at elevated risk of a new misdemeanor related to substance use, mental illness, or homelessness. According to the Criminal Justice page, LA DOOR also offers diversion on eligible non-violent arrests, so participants can use its services “instead of having their arrest processed for charging.”

Before you agree to anything

  • None of these programs is automatic. The City Attorney’s office decides whether a matter is appropriate for one of them.
  • The Criminal Justice page does not list the crimes excluded from NJP, so do not assume a particular charge qualifies. The NJP page directs eligibility questions to the program’s Supervising Attorney.
  • Because NJP requires taking responsibility and discussing the offense with the panel, talk to a lawyer before agreeing to participate.
  • Treat the eight-week deadline as firm. Failing to complete the obligations sends the case back for prosecution.
  • Do not ignore a citation, court date, or letter from the City Attorney’s office while you wait to hear about eligibility.

If a case has already been filed

A filed case is not automatically outside NJP. According to the Notice of Legal Rights, post-filing NJP happens when the defense attorney, the prosecutor, and the judge agree to let the person resolve the case in the community; the in-court agreement may carry additional conditions, and the person should ask their attorney whether they still need to appear in court on a future date to avoid a warrant. The office also runs a Transition Age Youth Diversion Pilot that selects 18- to 25-year-olds from arraignment court, after a time waiver, for six months of informal diversion.

For how a defense lawyer can present information to a prosecutor before a filing decision, see pre-filing investigation conferences; for the court stages that follow a filing, see investigation and pretrial hearings.

If you have been contacted by police, cited, or told the Los Angeles City Attorney’s office is reviewing a misdemeanor matter, the Law Offices of David S. Chesley can help you understand whether diversion is realistically available and what agreeing to it would require. Call (800) 755-5174 to discuss the matter.