If you face criminal charges, it is always important to at least explore the diversion programs available in the Arizona court where you are charged. They are not always available and may not even be the best option in your case. But these education counseling programs give an alternative to a criminal conviction that can result in jail and damage to your permanent record and reputation. A criminal record can have a serious impact on your reputation and limit your opportunities for housing, employment, and education.
In general, a diversion program is an arrangement where the prosecutor agrees to dismiss the case or charges in exchange for the accused completing certain terms, such as classes, counseling, community service, fees, etc. Different courts and prosecuting agencies call them different things and they work in slightly different ways: deferred sentence agreement, deferred prosecution, diversion, etc.
The prosecutor will consider many factors and determine whether you fall under diversion program eligibility in Mesa. Your attorneys can present arguments for why you qualify and why you deserve the opportunity to complete the program.
The knowledgeable attorneys at Grand Canyon Law Group can answer any questions you may have about these programs and advocate on your behalf.
There are no set laws or criteria to qualify for one of the programs. The prosecutor reviews all cases and decides who is eligible based on the facts of the particular case and the policies of their specific office. Each court has a different prosecuting agency with their own policies and possible programs. The prosecutor will consider a person’s criminal history, the type of crime in question, and whether diversion programs are in place for that particular crime.
In some instances, the prosecutor only offers defendants with first-time offenses the opportunity to participate in one of the diversion programs. Those who are facing misdemeanors and other non-violent felony charges may also qualify.
Requirements vary significantly between programs and cases. However, most include:
The main objective of Mesa’s diversion programs is to help first-time and non-violent offenders understand the consequences of their actions. Through the programs, defendants can learn to make better choices while making amends for their past actions.
Our experienced Mesa attorneys can further advise on the likelihood of diversion program eligibility for a particular case. Once the defendant meets all the terms of the program, the prosecutor will have the case dismissed. However, if the terms of the program are not satisfied, the defendant will face removal from the program and possible punishment without the ability to defend. If you have been removed from a diversion program or accused of failing to successfully complete one, call an attorney right away to discuss the options you may have.
Under Arizona statutes, diversion programs allow the court to suspend prosecution so that the defendant may attend rehabilitation and counseling programs. Depending on how a particular prosecuting agency handles diversion cases, the individual may or may not be required to enter a guilty plea before entering into the agreement.
Additionally, state laws provide that the court will dismiss the case against the defendant “with prejudice” upon completing the program’s requirements. “With prejudice” means the defendant can never face charges for that particular crime again. The experienced lawyers at our Mesa office can further explain the legal nuances and requirements for deferred prosecution programs.
Again, whether a program for these offenses will be available for the charges will depend on the prosecuting agency. But commonly, diversion programs are available in Mesa for the following cases:
The local attorneys at Grand Canyon Law Group can help those facing these charges to determine their eligibility for a diversion program.
An arrest can be a stressful experience and continue to impact your life long into the future. However, you may meet diversion program eligibility in Mesa. When an individual successfully completes the program, the court will dismiss the charges against them on the prosecution’s recommendations. Participants in these programs receive rehabilitation and education that may help prevent future offenses.
Get in touch with the lawyers at Grand Canyon Law Group today to discuss whether this is an appropriate option for you. We believe you have a way of life worth protecting and are here to help you move forward from this difficult time.