Diversion is a type of legal resolution in which an accused person is given an opportunity to avoid a criminal conviction and/or penalties. Instead of facing prosecution or a court case, they are offered the chance to be diverted into an alternative form of justice. This could include community service, counseling, educational programs, or other such resolution strategies. As an added bonus, successful diversion typically results in no criminal record.
What Are the Benefits of Diversion?
Diversion is an attractive option for many people who face criminal charges. This is because it places control of the situation back in their hands instead of with the criminal justice system. It offers a second chance to those who may have made mistakes or encountered difficulties, and it also shows leniency and mercy to those who may not deserve the severity of the legal penalties that can be associated with a criminal conviction.
What Types of Cases Are Suitable for Diversion?
Diversion is a viable option for a wide range of criminal offenses, ranging from small misdemeanors to serious felonies. The discretion to pursue diversionary activities rests with the judge in question and is also determined by the crime that a person is charged with. Crimes that can be suitable for diversion include those related to property damage, theft, substance abuse, and minor assaults.
How Does Diversion Work?
When a defendant is offered diversion as a potential resolution to their case, the prosecution typically works with the defense team to determine the appropriate diversionary strategies. If the parties agree, the accused will be presented with a diversionary agreement that outlines the terms of the diversion. This agreement is then presented to the judge and can be enforced with penalties if violated. The person in question must adhere to the terms and conditions of the agreement and if satisfied, the case will be dismissed.
Conclusion:
In summary, diversion is a legally viable option for those facing criminal charges. It helps to create an alternative form of justice that could help to reduce the severity of the legal consequence and provide an opportunity for the accused to have their charges dismissed and avoid a criminal conviction.