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.
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Diversion and first-offender programs give defendants a way to avoid criminal convictions. How Diversion Works Diversion is a program that has been created by the state legislature and signed into law. What Crimes Qualify for Diversion? Who Qualifies for Diversion?
When you enter a plea of no contest or guilty to enter into the driving under the influence of intoxicants DUII diversion program, you are required to sign a form agreeing to satisfy specific terms of diversion.
The law states the court judge or prosecutor may issue an order requiring you to appear in court and show cause why the court should not terminate the diversion agreement. This is considered a show cause hearing. At this hearing, the district attorney would present evidence of your failure to complete the terms of diversion this could include driving without a proper license, driving without insurance, an ignition interlock device failure, or any other term in the agreement.
The law states the court SHALL terminate the diversion agreement and enter the finding of guilty or no contest as a conviction. ORS This means that if the court believes that more likely than not, you violated the terms of your probation, then the court can incarcerate you for years on your open probation cases depending on what crime you are on probation for. It is important to speak with attorneys that have experience litigating probation violation hearings. The attorneys at HHJ have successfully litigated hundreds of probation violation hearings and constantly use creative alternatives to avoid a client from receiving actual jail time.
Drug use is on the rise in California and throughout the United States. Turn on the TV or radio and you will hear countless news stories about drug epidemics ravaging communities across the United States. Drug users fall on a wide spectrum, from the occasional and experimental user to the daily maintenance user with a severe addiction and dependence.
Whatever the case may be, the increase in drug use has led to one thing—a significant increase in drug crime convictions. More and more people are charged with criminal drug charges and are facing a significant amount of time in jail. This diversion program is known as PC A person charged with a drug offense has the ability to partake in the PC diversion program and potentially get their charge entirely dismissed if they meet the following requirements:.
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