Criminal Law: Qualified Cases For a Diversion Program

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First-time criminal offenders, especially those who have only committed minor offenses may not undergo a traditional criminal case process. Instead of incarceration or other forms of punishment, diversion programs may serve as a more practical sentence.

Charges such as shoplifting, minor fraud charges, minor property damage, or a DUI are qualified for diversion programs. In the process toward diversion, it is recommended that the defendant considers the suggestions of his or her defense team for them to come up with the best decision to be presented to the court.

Even before the official start of the proceedings, the defense team may appeal the case to be diverted by suggesting that their client instead undergoes counseling, rehabilitation programs, or community service work. Though diversion may delay the proceedings for a few months, it comes with a cost for the defendant. In exchange for treatment at a rehabilitation center, for example, the defendant would have to pay the court as well as restitution or fine.

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Being subjected to a diversion program requires an individual to undergo counseling or treatment for a minimum of six months. During and after this period, the defendant must show improvement in the area he or she has been accused of. For a DUI or a drug possession case, the accused must demonstrate a reformed lifestyle and seek endorsement from the rehabilitation center. Once the court-mandated time has been fulfilled, the case will be deliberated upon if necessary.

Ann S. Sheeley of Sheeley Law LLC has more than 25 years of experience specializing in personal injury, criminal law, and worker’s compensation. She believes that individuals accused of crimes have a right to be represented by top-notch defense lawyers. Learn more about her practice here.