What is the RISE Program?

The RISE, also known as the Rehabilitation, Intervention, Support, and Education Diversion is a voluntary program based in San Bernardino County only. If you have a criminal case outside of San Bernardino County, then you would not be eligible for the RISE Program. It was created to give criminal offenders the opportunity to avoid trial and a criminal conviction. You are able to participate in the RISE program with the approval of the District Attorney’s office. This can be a negotiated plea bargain worked out with your Attorney and the Prosecution. Successfully completing the RISE Program can earn you dismissal of the entire criminal charges against you.

This is known as Differed Entry of Judgement, wherein, your criminal case can be “diverted” from the current course of criminal prosecution.

What criminal cases are eligible for the RISE program?

To participate in the RISE program, you must have a low-level offense. Lower level misdemeanor crimes such as petty theft, shoplifting, trespassing, vandalism may be eligible. However, high-level misdemeanor crimes such as: Driving under the influence of alcohol, battery, or domestic violence crimes are not eligible for the RISE program.

What does the RISE Program require?

The RISE program requires completion of:

• A Diversion Plan Conference with a case manager
• Payment of victim restitution
• Program fees of $380 (not including any other additional enrollment fees)
• A 4.5-hour Community Accountability class
• Attend the RISE Exit Interview

A participant of the RISE program will have 4 months to complete the program, upon completion of all the requirements the charges against offenders will likely be dismissed. However, failure to complete within the required timeframe will resume any criminal prosecution. This means that failing to complete the RISE Program will reopen your criminal case, subjecting you to possible fines, a criminal conviction, and even jail time. You must also stay out of trouble during that period of you being in the Program.

You also have a deadline to complete the RISE Program, and this is done irrespective of whenever you must return to Court. For example, if you have a Court Hearing in July, and were to finish the Program by May, then failing to complete the Program by May, is the same thing as simply failing to comply with the above terms. Your later Court Date is then not your completion date, it is the date the RISE Program gives you.

How will a dismissal under the RISE Program affect me?

In your criminal case, successful completion of the RISE Program dismisses your criminal case. With a dismissal and a non-conviction, you can then successfully petition to seal your arrest under PC 851.8. This is great for employment purposes, because you no longer have to disclose this arrest, nor would it show up on your criminal history to the place you apply to work at. This motion is not a part of the RISE Program, but your Ontario Criminal Defense Attorney can assist you in filing this Petition after you successfully complete the RISE Program.

Because this Program is for State Court cases, it does not affect you in your possible Immigration proceedings. In other words, an arrest and dismissal in your case here, will not affect a pending Immigration case since that is governed by federal law. However, if you are in the RISE Program, you generally would never enter a “Guilty” Plea to the charges, therefore, you would never have admitted to the charges, prior to the RISE dismissal when you complete that program. If there is no finding of guilt or admission of guilt, that can positively impact your Immigration case.

In addition, the arrest would generally still show up for people with Professional licenses, so a dismissal and a sealing of your record must still be disclosed. This would apply to people working for the State, or who receive professional licenses, such as nurses or doctors.

Call Today

Facing criminal charges can be overwhelming, but understanding the various programs and alternatives available to you can significantly impact the outcome of your case. The RISE program is one such initiative that offers eligible individuals an opportunity to dismiss their case through rehabilitation and compliance with certain conditions. However, determining eligibility and navigating the process requires legal expertise.

At Inland Empire Criminal Defense, we specialize in criminal defense and are knowledgeable about various diversionary programs, including RISE. Our team is committed to providing you with the information and support you need to understand your options and make informed decisions about your case.

If you’re interested in exploring whether your case is eligible for the RISE program or have questions about how it works and the benefits it may offer, don’t hesitate to reach out. Contact your local Ontario Criminal Defense Attorney at Inland Empire Criminal Defense by calling 909-939-7126.

We will guide you through the eligibility criteria, help you understand the program’s requirements, and work with you to pursue the best possible outcome for your case. At Inland Empire Criminal Defense, our attorney is ready and equipped to help you navigate the complexities of your case and capitalize on the opportunities available for your future.