Diversion is a legal process in which a defendant is redirected away from the traditional criminal justice system. Instead of facing incarceration or other punitive measures, the defendant participates in a diversion program. Successful completion of this program typically leads to the dismissal of charges, allowing the individual to avoid the long-term consequences of a criminal conviction.
Diversion is primarily used in criminal law, particularly for cases involving misdemeanors and nonviolent felonies, especially those related to drug or alcohol offenses. In some jurisdictions, diversion may also be available for domestic violence, child abuse, traffic violations, and financial crimes like writing bad checks. Users can often manage their diversion process using legal templates provided by services like US Legal Forms.
Here are a couple of examples of abatement:
Example 1: A first-time offender charged with possession of a small amount of marijuana may be offered a diversion program that includes drug counseling. If they complete the program, the charges will be dropped.
Example 2: A person facing charges for writing a bad check might enter a diversion program that requires restitution and financial counseling. Upon successful completion, the charges may be dismissed. (hypothetical example)
Examples of state differences (not exhaustive):
| State | Diversion Eligibility | Common Programs |
|---|---|---|
| California | Available for nonviolent misdemeanors | Drug treatment, community service |
| Florida | Available for first-time offenders | Pretrial intervention programs |
| New York | Available for certain nonviolent felonies | Community service, counseling |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Key Differences |
|---|---|---|
| Diversion | A program to redirect offenders away from traditional sentencing | Focuses on rehabilitation and avoiding conviction |
| Probation | A court-ordered period of supervision instead of incarceration | Involves ongoing supervision and compliance with terms |
| Deferred prosecution | A delay in prosecution while the defendant meets certain conditions | Charges may still be filed if conditions are not met |
If you are facing charges that may qualify for diversion, consider the following steps:
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A diversion program is an alternative to traditional sentencing that allows defendants to complete specific requirements to have their charges dismissed.