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.
Utah Agreement for Pretrial Diversion
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Essentially, to divert a criminal prosecution means the district attorney and the criminal court judge agree to suspend the criminal charges against the defendant if, and until, the defendant fulfills her ?conditions of diversion.? If the defendant fulfills her conditions of diversion, then she will have her criminal ...
The defense must disclose to the prosecutor any item of evidence which the court determines on good cause shown should be made available to the prosecutor in order for the prosecutor to adequately prepare the prosecutor's case for trial.
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.
Diversion is when you are offered a chance to do something like community service or counselling to have your charge withdrawn (which means it will be dropped permanently) or stayed (put on hold for up to a year). Sometimes, the Crown can see that a case does not need to be dealt with through guilty pleas or trials.
What is the Diversion Program for First Time Offenders in Utah? The diversion program for first time offenders in Utah is an alternative to jail/prison. The purpose of the program is to offer the defendant an alternative to prison/jail and instead focus on rehabilitating them through counseling and other services.
(2) "Diversion" means suspending criminal proceedings before conviction on the condition that a defendant agree to: (a) participate in a rehabilitation program; (b) pay restitution to a victim; or (c) fulfill some other condition. (3) "Restitution" means the same as that term is defined in Section 77-38b-102.
A diversion is an alternative procedure in a criminal case where the prosecution is interrupted through a deal between the defendant and the prosecutor where the prosecutor either dismisses the charges completely or does not bring any charges to begin with.
The diversion program is voluntary and the offender is rewarded with the reduction or dismissal of charges instead of a prison term if they complete the program. The diversion program serves several purposes in the state of Utah. For one, it provides restitution to victims of certain crimes.
