Diversion to Avoid a Conviction
Diversion is an option that may be eligible for certain Defendants and/or certain charges. There are several types of diversion. The below list of diversion statutes is not exhaustive but does give information on some of the main diversion and diversion related statutes.
Each diversion statute has its own nuances. If diversion is granted and successfully completed the criminal case will be dismissed. Once granted, generally the Defendant will have to complete certain terms ordered by the Court as part of the diversion and obey all laws as a condition of the diversion. The terms and length of the diversion period varies depending on the statute being applied for the diversion and the underlying case being diverted.
Aside from the specific diversion related statutes, it is possible to get diversion granted without actually using a specific statute to get there by negotiating with the prosecutor. This can be done through “Informal” diversion or “Formal” diversion.
Informal diversion is where the case is put on hold for a certain amount of time (ie. 6 months) and terms agreed upon between the Prosecutor and Defendant without entering a guilty or no contest plea. With successful completion of the informal diversion the case is dismissed.
With formal diversion through a negotiation with the prosecutor a guilty or no contest plea is entered to a charge, but sentencing is delayed for a certain amount of time (ie. 6 months) with terms agreed upon. If the terms are met at the specified date by the Court, then the plea is withdrawn and the case is dismissed.
Some of the Diversion and Diversion related Statutes are:
Misdemeanor Military Diversion
Drug related Diversion