Diversion programs offer first-time offenders of nonviolent crimes the chance to complete counseling or education, resulting in the dismissal of charges. Programs vary by jurisdiction and offense, with strict screening criteria and fees. Successful completion can lead to a clean criminal record, benefiting future opportunities.
Many criminal justice systems around the world have instituted diversion programs as an option for individuals accused of a crime. Program scope and eligibility criteria for specific programs vary by jurisdiction; however, the basic concept remains the same. A diversion program is intended to give a first-time offender charged with a nonviolent crime the opportunity to complete a period of counseling, rehabilitation, or education, after which the original criminal charges will be dismissed.
The requirements for completing a diversion program can be tailored to the offense committed by the defendant. For example, if the defendant has been charged with possession of marijuana, the program might include drug education classes as well as regular screenings for the presence of drugs in the participant’s system. A program for people accused of prostitution may include life skills as well as STD testing and education.
The length of the program can range from a few months to a year or more. Participants generally have to pay a fee to participate in the program. Additionally, successful completion of a diversion program is generally contingent on the participant not being charged with another felony during the time they are in the program.
The pending charges against the defendant will generally determine whether or not a diversion program is available as an option. Charges such as possession of marijuana, shoplifting, giving a bad check and prostitution are common offenses for which a diversion program may be offered. In most cases, only misdemeanor allegations qualify for a diversion program; however, some jurisdictions also allow lower-level felony charges.
Most diversion programs require defendants to meet strict screening criteria before acceptance. Factors that may affect eligibility include the defendant’s past criminal history, the age of the defendant, and the specific facts and circumstances surrounding the crime. An eligible participant must indicate his or her desire to participate in a diversion program early in the judicial process to ensure time for screening and ultimately acceptance into the program.
The advantage for the defendant in case of successful completion is that the original charges will be dismissed by the court. A criminal record of any kind can seriously affect a person’s ability to rent an apartment, obtain employment, obtain a professional license, and even join the military. As such, the option to complete a program that will result in the original charges being dismissed should be taken seriously by anyone given the opportunity.
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