A Pre-trial diversion is a program in which a defendant essentially is put on probation for a set period of time and his or her case does not go to trial during that time. If the defendant meets the conditions set by the court, then the charge will be dismissed.
Nevada Agreement for Pretrial Diversion
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In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be ...
Though some might express them in different ways, we identify four such factors: Length of delay, the reason for the delay, the defendant's assertion of his right, and prejudice to the defendant.? The fact of delay triggers an inquiry and is dependent on the circumstances of the case. Reasons for delay will vary.
Pre-prosecution diversion enables eligible defendants to complete several conditions (e.g., rehabilitation, educational courses, etc.) in exchange for the court to dismiss their misdemeanor charge, which means there will be no conviction on their criminal record.
If you are charged with a crime in Nevada, you can demand a trial within 60 days. In Nevada, speedy trial motions are where you ask the court to dismiss your criminal charges because you have not been given a trial within 60 days of your arraignment.
Mizgala, 61 M.J. 122 (the Sixth Amendment to the United States Constitution contains the constitutional guarantee to a speedy trial; although the text of the amendment does not address waiver, courts have held that the Sixth Amendment right is waived by a voluntary guilty plea; this Court has consistently noted that ...
What criminal offenses are eligible? 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.
In the Silver State, a speedy trial has been defined as occurring after 30 but within 60 days of arraignment. However, the 60 days can be extended under certain circumstances.
DUI Diversion is a treatment program created by Nevada statute for DUI offenders who have been convicted of DUI three times within seven years. Diversion is available only one time and only for the first felony DUI. The program lasts a minimum of three years, but can last up to five years.
