Trial diversion definition

However, you must enter a guilty plea to make the arrangement. And if you violate any of the terms, the prosecution can continue to pursue a case against you. There are some exceptions and flexibility related to your eligibility for a pretrial diversion, but there are some basic rules to qualify for the program. Some of them include but may not be limited to:. If you meet any of these and any other requirements designated by the Law, you can apply for a pretrial diversion.

These programs emphasize counseling, treatment, and behavior modification over punitive measures. Often, participants must agree to attend classes and vocational training, participate in individual or group therapy or counseling, perform community service work, make restitution to any victim, and pay fines.

When participants successfully complete the program, the case returns once and for all to court and is dismissed. If the case is dismissed, the record of the arrest isn't usually sealed or otherwise destroyed.

Defendants may be able take the additional step of seeking to expunge, or seal, the record of the case. If the defendant doesn't complete diversion or is discharged from the program for failure to adhere to its terms or for subsequent criminal behavior , the case returns to court.

If the defendant previously entered a guilty or no-contest plea, then the judge can impose a sentence. If the defendant failed and the form of diversion didn't require her to previously enter such a plea, then she'll have to enter one, and the case will proceed accordingly.

When creating a diversionary program, legislators identify the types of offenses that make offenders eligible for it. These offenses are typically minor and non-violent, such as petty theft , personal possession of certain drugs not possession for sale , and in some states, driving while under the influence of alcohol or drugs. Some states include assaults that involved very minor or no injuries, and some include domestic violence and child abuse or neglect. Most programs limit participation to those who have no prior convictions for the charge they now face.

Common requirements for drug diversion in particular includes:. If you've been arrested or otherwise face criminal charges, consult an experienced criminal defense lawyer.

A lawyer versed in local practice will be able to fully explain the applicable law, including the ins and outs of the relevant diversion system. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.

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Connecting …. Are You a Lawyer? Grow Your Practice. Contents Who is Eligible for Pretrial Diversion? Is Pretrial Diversion Granted Automatically? Jose Rivera Managing Editor Editor. Last Updated: Jun 25, Choose Your Legal Category: Family. Criminal Defense. Real Estate. Child Support. Search: Search. Popular forms. Advanced Search. Services Attorney Assistance.