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Diversion programs are generally touted as having many additional benefits, including: ? reducing stigma around justice system involvement; ? preventing association with delinquent peers; ? holding youth accountable for their actions; ? providing proportionate responses to delinquent behavior; ? providing youth with ...
Diversion is a negotiated resolution that your defense lawyer can work out with a prosecutor that will allow you to get your charges dismissed in exchange for you, the defendant, complying with certain conditions.
There are two general types of diversion programs: informal and formal. Informal or caution or warning programs are the least invasive and serve to divert youths out of the system with little to no further action.
When diversion programs fail, individuals suffer, tax dollars are wasted, victimization is increased, and the system loses credibility, and in some of these cases diversion can actually be more expensive than normal processing, because offenders later have to be reprocessed and possibly incarcerated.
Criticisms of diversion programs Diversion programs are criticized as being unduly lenient, because they allow offenders to be sanctioned in an unconventional manner. Some may feel that if an offender is not incarcerated, then the punishment is not severe enough, and justice has not been served.
The essence of the pretrial diversion program and the biggest benefit that you have if you're successfully admitted and succeed in completing the program, is the ability to get your criminal record expunged immediately upon completion of the program.
Some of these challenges include availability of treatment services in the community, transportation/infrastructure issues, and miscommunication among multiple agencies.
Generally, diversion programs are for non-violent misdemeanors. If the criminal charge is for a violent or a serious crime, like a felony offense, courts tend to think that it is too much of a risk to release you to a diversion program. Many pretrial diversion programs involve counseling and treatment.