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What is the Advantage of a Diversion Program?
Offenders who complete a pretrial diversion program avoid having a criminal conviction on their record. They are also able to make amends to victims and the community in a meaningful way. Through the diversion process, people can learn from their experience and are less likely to break the law again.
Do Diversion Programs Provide a Positive Alternative to Incarceration?
Yes. Pretrial diversion programs focus on providing a reasonable alternative to jail. One of the main benefits of diversion is tighter control over non-incarcerated offenders. However, offenders deemed too dangerous for traditional probation are not eligible for diversion.
Who is Eligible for a Diversion Program?
For a defendant to be eligible for a pretrial diversion program, he or she must meet the following conditions:
- No felony convictions within the past 5 years
- No convictions of a crime making them ineligible for diversion within the past 5 years
- Current criminal charges don't involve violence or threats
Are There Disadvantages of Pretrial Diversion Programs?
In some cases, yes. When diversion programs fail, individuals suffer, tax dollars are wasted, victimization is increased, and the system loses credibility. In some cases, diversion can be more expensive than normal processing, because offenders have to be reprocessed and potentially incarcerated at a later date.
What Happens if I Get Kicked Out of a Diversion Program?
Once a person is removed from a pretrial diversion program, the prosecution of their case will resume. Defendants will get a new arraignment date, and their case will proceed traditionally. They may enter into a plea bargain or even take their case to trial.
Diversion and Juvenile Justice
Juvenile diversion is based on the idea that exposing youth to the traditional juvenile justice system may do more harm than good. Most programs intended to divert juvenile delinquents are usually fundamentally different from adult programs. In many cases, young offenders will present with substance abuse and mental health problems, which may be the underlying cause of their delinquency.
A juvenile diversion program can be used as an intervention strategy for 1st-time offenders who have found themselves in the juvenile justice system. There are numerous benefits to these programs, including:
- Avoiding exposure to more severe criminals in a juvenile detention center;
- Allowing the courts to use resources that are needed for those juvenile delinquents who are an actual threat to society, and
- Getting the child help with substance abuse or family problems.
FAQs
What costs are associated with pretrial diversion programs?
Costs for pretrial diversion programs vary but may include program fees, restitution, counseling, and community service expenses. These costs are generally lower than fines and court fees associated with a criminal conviction.
Are there any drawbacks to participating in a pretrial diversion program?
Drawbacks can include the time commitment and meeting all program requirements. Failure to complete the program can lead to traditional prosecution and potential penalties. Additionally, not all charges or individuals qualify for these programs.
Can an attorney help with entering a pretrial diversion program?
Yes, an attorney can assist in determining eligibility, applying for the program, and negotiating terms. Legal counsel ensures that the defendant's rights are protected and increases the likelihood of successful program completion.
Do pretrial diversion programs vary by state?
Yes, pretrial diversion programs vary significantly by state in terms of eligibility, requirements, and types of offenses covered. Each jurisdiction has its own set of guidelines and procedures for these programs.
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