Disgraced Public Defender DANIELLE MARIE DAROCA-BELL #265746 Baits Client With Mental Health Diversion #1
From: Danielle Daroca <DBell@pubdef.lacounty.gov>
Date: Wed, Sep 13, 2023, 12:28 PM
Subject: RE: Question
To: Michael Taylor <michael.taylor.workforce@gmail.com>
Cc: Casey Lilienfeld <CLilienfeld@pubdef.lacounty.gov>
Hi Mr. Taylor,
MH Diversion definitely helps you avoid prison as long as you are in good standing, meaning, you are fulfilling your obligations to the court. The diversion period would be two years. I do think there is a good chance that the court would grant diversion in your case. A Diversion motion would require a psychological evaluation with a doctor that I would ask the court to appoint at no cost to you. The doctor would evaluate you with specific parameters addressing the factors for diversion set forth in PC 1001.36. Once we have that evaluation, I would prepare a motion, based on the evaluation of the psychologist appointed. The court would rule on the motion. I think you have a great shot at getting mental health diversion in this case, but I cannot guarantee it with 100% certainty.
I do not believe mental health diversion precludes you from filing a counter-suit. However, that would be a civil matter, so I would advise you to consult with a civil attorney with regards to that as I am not permitted to advise on civil court matters.
I hope this answers your questions. I am working on sending you the photos you requested.
Thank you,
Danielle Daroca Bell
From: Michael Taylor <michael.taylor.workforce@gmail.com>
Sent: Wednesday, September 13, 2023 8:29 AM
To: Danielle Daroca <DBell@pubdef.lacounty.gov>
Subject: Re: Question
CAUTION: External Email. Proceed Responsibly. |
Good morning, Ms. Bell.
Would you say a MH diversion is my best option in terms of avoiding prison? How likely do you think the court and tha prosecutor would agree with it? Does it also mean there can be no countersuit?
On Tue, Sep 12, 2023, 8:33 PM Danielle Daroca <DBell@pubdef.lacounty.gov> wrote:
I believe so, yes.
Get Outlook for iOS
From: Michael Taylor <michael.taylor.workforce@gmail.com>
Sent: Tuesday, September 12, 2023 7:46:15 PM
To: Danielle Daroca <DBell@pubdef.lacounty.gov>
Subject: Re: Question
CAUTION: External Email. Proceed Responsibly.
Please let me sleep on it. If the court considered the diversion, do you think the judge would sustain my driving privileges being revoked?
On Tue, Sep 12, 2023, 7:20 PM Danielle Daroca <DBell@pubdef.lacounty.gov> wrote:
Yes- that is possible. I would venture to say it is likely, as long as the court (1) grants mental health diversion in the first place and (2) we are able to secure a mental health treatment provider who is willing to provide progress reports electronically to the court on a quarterly basis.
Probation transfers involve actual transfer of the case to a different jurisdiction after a conviction has been entered. The difference here is that with diversion, the case remains technically open for the granting court to dismiss upon completion of the diversionary period. Therefore, I’m not sure the court would agree to transfer the diversion to Washington. However, if the court were inclined to grant diversion, then I know she wouldn’t have a problem with an out of state treatment program while she monitored progress from here.
I hope this answers your question.
Is mental health diversion an option you are open to?
Get Outlook for iOS
From: Michael Taylor <michael.taylor.workforce@gmail.com>
Sent: Tuesday, September 12, 2023 5:58:08 PM
To: Danielle Daroca <DBell@pubdef.lacounty.gov>
Subject: RE: Question
CAUTION: External Email. Proceed Responsibly.
Question regarding mental health diversion.
Just out of curiosity. Is it possible to get a transfer for mental health services in Washington State if a MH diversion was accepted by all parties in a potential resolution of the case or will it absolutely have to be in California? I ask because I've heard about probation allowing formal transfers to another state while still being subject to conditions.
No comments