Having a criminal conviction on your record can change your life – and not for the better. The good news is that there are options for many people. Instead of being convicted of the crime outright, you may consider a diversion program. Keep reading to find out what the pros and cons of this option are. Make sure that you are working with a criminal defense attorney who can help you get the best deal no matter which choice you make.

The Basics Facts of a Diversion Program

A diversion program is designed to allow an eligible person to go to a program that is designed to treat them for the issues that are the root cause of the crime. There are four types of diversion programs that a person could qualify for: Mental health, drug issues, juvenile offenders, and military offenders. There are then many programs within each of those classifications.

The specific program a person is required to go to will depend on several factors. They are each unique but generally speaking they will include treatment sessions along with educational classes. They generally last at least six months and sometimes a full year. When the person completed all requirements of the diversion program, their guilty plea is then withdrawn and their charge is dismissed.

Who Qualifies for a Diversion Program

Not everyone qualifies for a diversion program and whether or not someone qualifies will depending on a number of factors – most importantly the specifics of the offense that was committed. A person accused of a misdemeanor and certain felonies may be eligible for a mental health or juvenile diversion program. A person who wants a military or drug diversion cannot be charged with a felony.

The mental health diversion has a requirement that the mental health disorder is one that is recognized by the American Psychiatric Association and that the crime in question was committed because of their mental health issue. The court will consider whether the public is safe with the person on the streets and consider whether or not the accused is likely to respond to treatment.

For a person in the military suffering from PTDS, a brain injury, or certain types of mental health disorders that are considered the result of their service may have a diversion program available to them. For all types of diversion programs, even if the prosecutor agrees to it, a judge will still need to sign off as well.

Do You Think a Diversion Program May Be Best for You? Call Us Now for Help

If you are accused of a crime and want to know what your options are, we strongly suggest you contact Law Office of Michael L. Fell at (949) 585-9055 as soon as possible. We can provide a free legal consultation so you better understand your options.