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A diversion offer is when, after negotiating with a prosecutor, a defendant is allowed to take a class or do community service. If they successfully complete the diversion and prove it to the state, then their charges can be dismissed and not go on their record.
How Hard Is It To Get Diversion Offers?
Some courts or jurisdictions will not offer diversion at all, whereas others are more willing to do so. It can never be guaranteed that a person will qualify, so it’s very important to get a qualified criminal defense lawyer who will try to get a diversion offer.
In terms of eligibility, almost every court that is willing to offer diversion will require that the person has not made a diversion plea offer in the past. Someone who has taken a diversion offer in the past before a certain court will be unlikely to get it a second time, although it’s not impossible. My office has gotten diversions for people a second time, although it usually takes a lot of hard work and negotiation with prosecutors to get that plea offer a second time.
Is Diversion A Once In A Lifetime Thing?
It is usually something that a person can only get once, possibly one time per court, because when a court finds out the person has taken diversion before, they may not offer it again.
Which Courts Tend To Offer Diversion More Than Others?
A person is more likely to get diversion in a Tempe City Court for alcohol cases. In Scottsdale, they have a decent chance of getting diversion for domestic violence cases. Chandler offers diversion for certain cases like shoplifting and domestic violence; Phoenix offers diversion for some things, but not others. It really varies because some courts will not offer diversion at all, and sometimes all it takes is a little hard work by an experienced criminal defense lawyer to obtain a diversion.
There have been situations where prosecutors were not willing to offer diversions, but I’ve been able to show they had a weak case and, after working on it for a while, came up with an alternative plea offer that we could agree on. It is like creating a diversion that did not exist in the first place. We negotiated that if they dismissed the case, the client would go to certain classes and do a certain amount of community service. Sometimes an attorney really has to think out of the box when defending their client.
Is There A Chance For Any Type Of Diversion For A DUI In Maricopa County?
It would be very rare for someone to get a diversion for a DUI. A person is more likely to get a full dismissal if the DUI is weak, or if the state has a weak case. It is more likely that the attorney gets a plea offer to reduce to a lower offense. A diversion for a DUI does not usually happen, although it’s possible.
Would It Be A Diversion If Someone With A Speeding Ticket Went To A Driving Class And Got The Fine Or Points Waived?
Yes, this can be considered a form of diversion. Someone who had not been to driving school for two years when they got their speeding ticket could possibly be able to take a defense driving class and have that ticket wiped off their record. That would count as a form of diversion.
Other types of diversions are used in other jurisdictions. For example, if someone in Scottsdale City Court was charged with domestic violence, or disorderly conduct domestic violence (where a married couple or people living together got into an argument), instead of having a domestic violence offense on their criminal record forever, an experienced defense attorney can approach the prosecutor and try to get a diversion plea offer where the person essentially pleads guilty and agrees to do domestic violence counseling. If they successfully complete the counseling and classes, the state would dismiss the plea agreement and take the charges off the person’s record as if it never happened. Diversion offers are very good for someone who does not want a conviction on their criminal history.
Are There Diversion Programs In Arizona For DUI, How Hard Are They To Get Into, And What Can Do They Do For You?
There are really no diversion programs for DUIs in Arizona, although there are diversion programs for other types of crimes. Whether or not diversion is a possibility depends on which court or jurisdiction the case comes from. It is a type of program where the state is willing to dismiss all charges against a person if that person completes a program.
A diversion program can be different things like community service, a combination of paying fines and community service, paying just a fine, an extended community service, or even attending classes. In city and other courts in the valley, it is very common for a diversion to be offered if an underage person is caught consuming alcohol. If the person successfully completes alcohol classes and if they provide proof of that to the prosecutor, they can sometimes be eligible to have that charge completely wiped from their record as if it never happened.
For more information on Diversion Offers, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (480) 447-1100 today.