The candidate for city council is believed to be in a Misdemeanor Diversion Program set by the courts.
Council candidate Ruben Flores is facing some serious legal charges for trespassing on private property, charges he knew he faced before opting to run for a seat at city hall.
Flores was slapped with a trespass violation of California Penal Code 602 PC after trespassing in mid-2020, a misdemeanor.
Traditionally, someone convicted of misdemeanor trespassing can be punished by up to six months in a county jail and/or a maximum fine of $1,000. However, as of Jan. 1, 2021, California justice reforms have made it possible to avoid jail time and have arrests removed from record in certain cases, through the Misdemeanor Diversion Program.
Flores was arraigned at the Harbor Justice Center in Newport Beach Court on Sept. 13 last year. Since then there’s been a number of courtroom hearings, with the courts then initiating a Misdemeanor Diversion Program for Flores on Mar. 22, 2022.
By completing requirements set by the judge for the Diversion Program, Flores’ case is paused until he can show he has fulfilled the requirements for the program which was set for the period Sept. 13, 2021 to be completed by Sept. 21, 2022.
All this to say that at the time of filing for candidacy for city council, with an application window of Jul 18, 2022 to Aug. 12, 2022, Flores would have known that he was facing misdemeanor trespassing charges prior to running.
According to the Orange County Candidate’s Handbook for the Nov.8, 2022 elections, one of the general qualifications to run for and hold public office is that a candidate may not have been convicted of designated crimes specified in the Constitution and the laws of State (Gov’t § 1021). Further, the candidate’s Declaration of Candidacy includes a statement that, if elected, he/she will qualify for and accept the office (§ 10511).
The Misdemeanor Diversion Program avoids jail time and fines. Additionally, upon the successful completion of the prescribed community service, and the other tailored-made restitution of the diversion plan, no conviction will be entered into the record. At the time of Flores’ filing for candidacy however, the outcome of his case was still pending, and dependent upon his completion of the Misdemeanor Diversion program which was still ongoing.
