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- (a) “Diversion” refers to any opportunity for a person to avoid arrest, to decline or reduce charges, to avoid a conviction, or to reduce a sentence, by fulfilling a prescribed set of conditions, by agreeing to a referral to services, or by receiving assistance or release with no further criminal consequences.
www.americanbar.org/groups/criminal_justice/standards/diversion-standards/
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The decision to divert pre-arrest resides with law enforcement officers. This type of diversion is commonly referred to as police-led diversion, and occurs when law enforcement officers encounter circumstances that suggest that avoiding the criminal justice system altogether serves the best interests of the community and
early diversion: law enforcement programs Standard 4.1 Summary (a) A law enforcement diversion program corresponds to diversion opportunities known as “pre-arrest,” “pre-booking,” “deflection,” and “post-arrest” programs, in which unlawful conduct is addressed before referral for charging.
Diversion is a process whereby an individual, at some stage, is diverted from continuing on in the formal justice process. Diversion can come as early as initial contact with a law enforcement officer, if they exercise their discretion to not arrest, and thus place the individual in the criminal justice system.
- Diversion Programs For First-Time Offenders
- Restrictions and Conditions
- Will I Have A Criminal Record?
- Do I Qualify For Diversion?
- If You Fail The Program Or Miss A Meeting
A diversion program, sometimes referred to as a pretrialdiversion program, is an alternative sentencing optionin many court systems that allows a defendant charged with certain crimes to avoid a criminal conviction. Diversion or pretrial diversion may be available to people facing first-time arrests or non-violent misdemeanor offenses. While differ...
The criminal justice system makes it clear that diversion is not a “get out of jail free” card. It is a court process to address criminal behavior with restorative justice. There are conditions and restrictions required to complete a diversion program. The conditions are like probation. Failure to follow the terms or complete the diversion program ...
One of the primary benefits of diversion is that it avoids a criminal conviction. Depending on the state and the diversion program, successful completion of the program may result in dropping any criminal charges. This would mean there is no criminal recordfor a conviction. A background check would not show a conviction. In most states, if you are ...
Not all offenses or defendants are eligible for a diversion program. Generally, low-level, non-violent, and first-time offenders have a greater chance of getting diversion. However, the court may have discretion over whether to offer diversion. Diversion programs vary by state, and sometimes by county or individual judge. There are also different t...
The requirements for diversion are not easy. Diversion programs can be expensive and burdensome. Even missing a payment or failing a drug test can result in sending you to jail. Your criminal defense attorney may be able to help you stay in the program if you need extra help. Your lawyer can negotiate to modify treatment or seek another chance to f...
Defined as alternative pathways for first-time offenders that diverge from traditional prosecution, diversion programs are explored in depth for their significance in achieving the overarching goals of rehabilitation, community safety, and cost-effectiveness.
Diversion programs allow criminal justice actors to send defendants out of the court system, compelling them instead to attend treatment programs, participate in educational opportunities, and/or perform community service. These programs exist for both adult and juvenile offenders.
In this series, we have examined what diversion is and what it is not, the four primary purposes of diversion, whether diversion contributes to public safety, how the “what works” research can be used to determine who should be
