If you have been charged with an offense, you may still qualify for a program that could get your case dismissed. Some of them go by different names, but they all remove a defendant from normal channels of prosecution so certain conditions can be met. These programs give defendants time to rehabilitate after they have committed an offense like a drug offense, domestic violence, and more. There are two different types of programs: pretrial diversions and deferred adjudications.
Understanding Pretrial Diversion
These types of diversion programs remove defendants from prosecution after a guilty or no contest plea. These programs are also widely referred to as “accelerated pretrial rehabilitation.” The defendant will be forced to complete certain conditions to qualify, such as probation, counseling, and community service. Prosecutors have the discretion to admit a defendant to a diversion program by looking at eligibility requirements. These programs can vary in length depending on the state you reside in and whether or not you received a misdemeanor or a felony. If you have been in one of these programs before or the victim of your crime disagrees with the decision, you may be found ineligible.
When a defendant has pleaded guilty or no contest, deferred adjudication can begin. In many cases, deferred adjudication is not much different from probation, but it is also very similar to pretrial diversion. There are also many conditions that must be met before you qualify for these programs and, if accepted, your charges will be dismissed and you will not have a record of conviction. In California, the program will usually last several months or years.
It is not easy to get either a pretrial diversion or deferred adjudication option after you have been charged with a crime. Because of this, you will need an attorney on your side who can negotiate with the prosecutor to help you with your case. We will help you at The Law Office of Peter Blair, where your case means everything to us.