Diversion programs
A DIVERSION PROGRAM allows a defendant to avoid a criminal conviction. If the defendant has no significant recent criminal history, if the evidence against her is likely to lead to a conviction at trial, and if she can accept responsibility for the offense charged against her, entering into a diversion program may be appropriate. Under the terms of a diversion agreement, the defendant has to refrain from any other criminal behavior and obtain counseling in those areas of her life where she may have a problem (for example, anger control or substance abuse). Abstention from alcohol and illegal drugs also is required as part of a diversion program. If the defendant successfully complete a diversion program, her case is dismissed without a conviction or adjudication. Often, the fact that the case was diverted can be expunged. (Visit the Expungement section of this website for more information.)
In a case where diversion it is available and appropriate, the defendant has an opportunity to keep a clean record. Most diversion programs require the defendant to admit that the information contained in the police reports is true, so that if the diversion is revoked, the court can enter a finding of guilty without a trial. If a diversion is revoked and the defendant is found guilty, the defendant may be sentenced to any penalty provided by law for the crime of conviction.
Successfully diverting a criminal case allows the defendant truthfully to say that she was never convicted of the crime charged. However, a diversion can be counted as a prior conviction for purposes of sentencing a defendant on a subsequent criminal conviction. We can answer your questions about diversion, and about other ways in which your case may be resolved without a trial. Of course, if you want a trial, the lawyers of Gyllenborg & Dunn are ready and able to vigorously represent you at every stage of the proceedings.