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Cons of Diversion Programs: The offender is forced to admit their crime to the prosecutor and sign a written confession. Only the prosecutor can decide if the diversion contract was fulfilled. The diversion program often ends around twelve months, which might not be enough time for the offender to reform.
If you are offered and accepted into the Diversion Program, your case will be dismissed after a period of 1 year (thereby avoiding a conviction) as long as the requirements and conditions of your specific agreement have been fulfilled.
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.
What happens if I successfully complete the Pretrial Diversion program? The charges will be dismissed if you successfully complete the Pretrial Diversion program. A criminal background check will show that you were charged with the offense and that it was dismissed.
The offense must be a misdemeanor Texas places numerous restrictions on which kinds of offenses allow someone to qualify for pretrial diversion. Typically, felonies immediately disqualify you. Certain kinds of offenses, like domestic violence charges, are also not eligible for pretrial diversion.
The major objectives of pretrial diversion are: To prevent future criminal activity and promote rehabilitation among certain offenders by diverting them from traditional processing into community supervision and services, including, as appropriate, mental health and substance abuse treatment.
One critical area for the use of diversion is nonviolent drug offenses. Because of the large number of drug offenders who are taken into the criminal justice system, jurisdictions around the world have implemented drug courts as a form of diversion.
Pre-trial diversion in Indiana is a program that allows certain criminal defendants to avoid conviction by completing a set of conditions prescribed by the prosecutor's office.