If the defendant previously entered a guilty or no-contest plea, then the judge can impose a sentence. If the defendant failed and the form of diversion didn't require her to previously enter such a plea, then she'll have to enter one, and the case will proceed accordingly. What Crimes Qualify for Diversion?
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If they try to negotiate their case for settlement purposes without having discovery evidence, then they are even more at a disadvantage. This could result in an unexpectedly harsh sentence that could result in a loss of liberty, such as a driver’s license, a right to own firearms, and a number of other serious ramifications in addition to jail or prison time.
This is another reason why it is very important to have a skilled criminal defense specialist involved. Remember, if possible, a negotiated dismissal is vastly superior to a pretrial diversion, which involves less supervision, cost less, and usually less time involved. It is safer, to put it bluntly. With regard to probation, when someone violates probation, there is usually a no bond warrant issued.
The best thing to do in a violation of pretrial diversion, or a violation of probation community control, or house arrest situation, is to contact a skilled criminal defense lawyer immediately. There are all kinds of issues that need to be resolved in these scenarios, from arrest, bond, and hearing, and any litigation. In diversion cases, quite often, people are forced to sign pleas with no contest, but sentencing is deferred. If this is your situation, what happens next is you have a sentencing hearing without the right to have a trial. In this scenario, you need a skilled criminal defense lawyer more than ever. One of the most important functions of criminal defense is to know how to defend a client at a sentencing hearing.
This is a common concern that many people have if they plead not guilty or maybe go to trial. The concern is that if they do not plead no contest, or guilty at their first court date, they are going to trial, and going to trial would be a horrible thing, resulting in a poor outcome, which is true. However, the first court date is not going to be a trial situation. If someone is a first offender, they often have that concern that they are walking into a trial, they are walking into what is technically called an arraignment. An arraignment is a formal charging process where the judge asks a single question “How do you plead?”
Sometimes, when people get a favorable recommendation, they think the deal is done. However, it is only a recommendation. The state attorney can ask the jail, or prison when a probation officer has asked for reinstatement. That is one example amongst many.
A notice of discovery requires the State of Florida to produce the witnesses, and evidence in the form of reports, body camera footage, all kinds of information. This information is critical, because it tells what types of areas within a specific case are weak, and which areas are strong. A layperson would never know how to do that because most of the law is not easily accessible on the internet. Many people want to research the law when they are arrested, or their family member has been arrested, but the problem is they would not have access to these case laws.
If you walk into a sentencing hearing blind, or if you walk into a violation of probation community control, or diversion, what happens is that outcomes are poor. You are at one of the riskiest positions to be in, when it comes to the criminal justice system. If someone enters that plea of no contest on diversion, they are looking at sentencing. If it is a violation of probation, the burden of proof is far lower than it is with an initial charge. For an initial charge, the burden of proof is beyond, and to the exclusion of every reasonable doubt. For a violation of probation, the evidentiary standard is more likely than not, which is a fancy way of saying fifty-one percent, whereas beyond, and to the exclusion of a reasonable doubt, is ninety-seven to ninety-nine percent.
If you successfully complete the program, the court will dismiss the charge against you and expunge the record of your arrest. This means that you will never be convicted of any crime, and even the record of your arrest will no longer be available to the public.
You need to speak with an attorney familiar with the court and programs available in your jurisdiction to find out is you may qualify for one of these alternatives. Don't expect the court to notify you, especially at your first appearance. If you just plead guilty the first time you go to court, you may never know that you could have avoided a conviction.
Unfortunately, a conviction on your record may have equally nasty effects on your future. Even if you are eligible to have the conviction expunged at some future date, it will be available to the public until that time, and can influence potential employers, or keep you from getting the financial aid you need for college.
If your neighbor charges you with trespassing or damaging his property, for example, the court may be able to refer you to a court mediator who will try to talk both sides into resolving the case without pursuing the criminal charge. If both sides sign a settlement agreement, the charge will be dismissed by the court without trial. This option is usually not available for charges filed directly by a police officer, but may be offered for some charges that don't qualify for diversion.
To qualify for diversion, you must be willing to admit your guilt and offer a guilty plea, which the court will hold without a final judgment while you participate in a program similar to probation for a period of time.
If you are charged with a crime for the first time, you may not be looking at prison, or even jail time. People who know they won't go to jail often think that a quick guilty plea is the best way to put a nasty experience behind them quickly. Unfortunately, a conviction on your record may have equally nasty effects on your future.
City of Scottsdale rarely gives diversion for drug offenses however it is possible. If you cannot afford an attorney to represent you, you will be required to speak with the prosecutor about the potential of diversion. Keep in mind, the conversation with the prosecutor is not confidential.
There are a number of factors that go into the determination of whether or not you are eligible for diversion and diversion is never a guaranteed option as it's within the discretion of the prosecutor. It's best to retain counsel before entering into any plea agreement, whether diversion or anything else. There are affordable attorneys available as well as many qualified attorneys on this forum. Best of luck!
If you feel like you should qualify but are not being offered the program, then you should ask for time to go hire a lawyer. If the prosecutor agrees that your case is appropriate for the diversion program, you will be asked to sign a "Diversion Agreement" which is basically a contract between you and the proecutor.
If you have any questions after reading this guide, please feel free to give me a call for a free consultation either over the phone or in person. My phone number is 678-636-9224, ...
Clients often tell me that they don't want to participate in a Pretrial Diversion program (or PTD) becasue they feel that agreeing to complete the conditions required by the State ammount to an admision of guilt. However, I have rarely seen a case where it was not in the best interest of my client to participate in and complete PTD rather than proceed to trial.
Most courts in the State of Georgia employ a program called Pretrial Diversion for first time offenders for a limited number of what the court considers to be minor misdemeanor offenses. The charges that are eligble for expungement vary from court to court, but most often include Possession of Less than One Ounce of Marijuana, Shoplifting Less than $300, Loitering and Prowling, Minor in Possession of Alcohol, Tresspassing, and when the victim doesn't wish to press charges, Simple Battery and Battery.
Pretrial Diversion does exactly what it says - it DIVERTS your case away from the courtroom. Instead of either entering a plea before a judge or going to trial on your case, you sign a contract with the prosecutor that says that if you do certain conditions (we will discuss those conditions below), then the prosecutor will dismiss your case. In most cases, you will then be eligible to have the arrest expunged, or erased from your record.
This will be a separate process where you take your dismissal paperwork to the headquarters of the police department that first arrested you, pay a small fee (usually $35) and fill out some paperwork to initiate the process. Also, most diverision programs will terminate as soon as you get all of the conditions done, so if you finish everything in the first month, you may not have to report for the second and third months. This varies by court as well, so read your diversion agreement carefully.
When you appear at your first court appearance (usually your arraignment) you may be given an opportunity to speak with a prosecutor before the judge takes the bench, or you may have to wait until the judge is in the courtroom, then be called upon to enter a plea before speaking with someone.
Though it may not always appear so to a defendant, the American criminal justice system is supposed to focus not just on punishment but on rehabilitation. Diversion programs fulfill that requirement. The idea is that such a program “diverts” the defendant away from a conviction and, instead, gives the defendant a second chance.
Diversion programs can have very different eligibility requirements as well as completion requirements, though there are some similarities. Typically, an individual must first meet the basic eligibility requirements. These might focus on the type of offense involved and the defendant’s criminal background or lack thereof.
Criminal defense attorneys are aware of all the various diversion programs available and the eligibility requirements for each. If your attorney believes you would qualify for a program, your attorney may recommend you to the prosecuting attorney and/or the judge.
If you have been charged with a crime in the State of Nebraska, it is certainly in your best interest to consult with an experienced criminal defense attorney right away. In Nebraska contact Petersen Criminal Defense Law 24 hours a day at 402-509-8070 to discuss your case.
People who have been convicted of or are charged with certain federal drug crimes may be eligible for the federal diversion program, described in the Federal First Offender Act, 18 U.S.C.S. § 3607. To be eligible, the defendant must not have prior state or federal convictions concerning controlled substances.
A "first offender" program is a way for a defendant to avoid the full effects of a criminal prosecution. It's a type of diversion, often for those who have no previous criminal record, or at least no felony convictions. (Usually traffic tickets don't count, but defendants with juvenile offenses may be disqualified).
Participants must sign a contract that, in part, requires them to attend classes, make restitution, and undergo appropriate treatment or counseling. The defendant may have to live up to these requirements for six months, a year, or more. If the first offender successfully completes the program, the District Attorney's Office reduces or dismisses the charge. If he falters, the prosecution will typically resume official court proceedings.
Many states have first-offender programs for juveniles. Example: In Jefferson County, Wisconsin, to be eligible for the District Attorney's first-offender program, a defendant must meet several eligibility requirements.
But if the defendant violates probation, the case will proceed with the entry of the judgment and sentencing.
Defendants who were younger than 21 years of age at the time of the offense, and who successfully complete probation, will see the record of their case expunged or sealed. They may truthfully answer "No" to any questions about the case, even the arrest itself. The Department of Justice will maintain a nonpublic record of the case, for use by the courts when determining the person's eligibility for future diversions under this program.
Commonly, though, first-offender programs are available only where the charges don't involve a violent or "serious" offense. Many states have first-offender programs for juveniles.
If you find that your criminal lawyer is not experienced with immigration law matters, you should also consult with an immigration attorney. The other option is to take the risk and possible expense of a trial on the hope that you might be found not guilty of the offense you were charged with.
Furthermore, the Court's decision implied that if you were not provided with information about the immigration consequences of your conviction, your constitutional rights were violated and you have a sound basis to vacate your conviction.
If a judge vacates your conviction for any other nonconstitutional basis (for example, because he or she feels sorry for you and doesn't want to see you deported), this will not help you in immigration court. In 2010, the U.S. Supreme Court held in a case called Padilla v.
If you have been convicted of a state crime that makes you deportable and are unable to get your conviction vacated by any other means, you could try to get a pardon from your state governor, pardoning panel, or prisoner review board.
If you have been arrested for a crime that could have immigration consequences—most likely because it could be considered either a crime of moral turpitude or an aggravated felony —you must take all possible measures to avoid a conviction. Find out whether your attorney is familiar with the immigration consequences of your conviction and whether it is possible to plead your charge down to something that would not make you deportable.
§ 1101 (a) (48) ), a person can be found to have been "convicted" of a crime with or without having been formally judged guilty. If there was no official finding of guilt but you pled guilty or no contest ("nolo contendere"), or if you admitted enough facts for a finding of guilt to be made and the judge ordered some sort of punishment, penalty, payment of court costs, or restraint of liberty against you, you could be viewed as having been convicted of the crime and deported on that basis. This is true even if the plea is later "withdrawn" after you complete court-ordered requirements such as drug or alcohol rehabilitation or counseling.
If you were arrested for a crime but the charges were dropped or dismissed, it is not legally considered a "conviction." Some bases for deporting someone require an actual conviction on one's record. Arrests can nevertheless have serious immigration consequences, most often when you need to demonstrate that you have good moral character on an immigration application.