Arrests can undoubtedly be stressful and have a lasting impact on your quality of life. However, if you meet the eligibility requirements for participating in a diversion program, you could avoid the possible consequences of criminal charges. If you successfully complete your diversion program, the court will dismiss the charges you face on the prosecutor's recommendations.

A diversion program allows you to receive education and rehabilitation services for the behavior or conduct that led to the criminal activity, reducing your chances of reoffending. However, not every person qualifies for diversion programs.

A skilled attorney can analyze your case to help determine whether you qualify for a diversion program and guide you in every stage of the process to secure a favorable outcome.

Diversion Programs at a Glance

Diversion programs are alternatives to jail time. These diversion programs offer you an alternative to the lengthy and confusing criminal prosecution if you are under arrest or charged with a criminal offense. The primary goal of the diversion programs is to help you address the underlying causes of the behavior and avoid the possible long-term detrimental consequences of a conviction, such as:

• Challenges securing employment
• Revocation of your professional licenses
• Challenges securing housing

Generally speaking, diversion programs vary in their eligibility criteria and requirements. However, they generally require you to complete certain requirements in exchange for having your charge dismissed or reduced to a lighter offense. These conditions include enrolling in rehabilitation and counseling programs, paying restitution, and performing community service.

Who Qualifies for a Diversion Program Under Arizona Revised Statute (ARS 11-361)

Eligibility for diversion programs could vary, depending on the jurisdiction and specific program you want to undertake. However, you are more likely to qualify for a diversion program under ARS 11-361 if:

1. You Are a First-Time Offender

Most diversion programs prioritize people with no criminal record. Therefore, if you are a first-time offender, there is a high chance the court will allow you to undertake a diversion program for the alleged offense

2. The Alleged Offense is Non-Violent

You are more likely to qualify for a diversion program if the alleged offense is non-violent. Examples of non-violent offenses include drug possession, forgery, and theft.

3. You Have Demonstrated the Need for Rehabilitation

You must show the genuine need for the rehabilitation services offered by the diversion programs. For example, you could be an excellent candidate if the court finds that you have a genuine desire to undergo alcohol and drug addiction treatment or improve your mental health through counseling services.

4. You Have Demonstrated the Willingness to Participate

The court is more likely to allow you to enter a diversion program when charged with an offense if you have demonstrated the willingness to participate in the program and comply with all its requirements, including paying restitution.

According to ARS 11-361, you will not qualify to enroll in a diversion program if any of the following is true:

• You have a conviction for a sexually related crime under ARS 13-706, serious crime against a child under ARS 13-705, or a dangerous crime, especialy those that involve the use of a firearm
• You have three or more past convictions for possession of controlled substances or drug paraphernalia

If you are under arrest as a suspect in any criminal case, a seasoned criminal defense attorney can help determine whether you are eligible for a diversion program under ARS 11-361.

Notable Benefits of Diversion Programs

When charged with a qualifying offense, opting for a diversion program has several benefits. Notable benefits of diversion programs include:

Helps You Avoid a Conviction

Once you successfully complete the diversion program, the court will dismiss your case, meaning you will avoid a criminal conviction, which could result in life-altering consequences.

You Will Receive Rehabilitation and Treatment

As mentioned in the previous paragraph, the main aim of diversion programs is to ensure that you are rehabilitated from the behavior that led to the criminal activity. These rehabilitation services could be a game-changer in your life. Aside from helping you become a law-abiding citizen, they could increase your chances of securing a reliable job to earn income and care for your family.

Helps Reduce Overcrowding in Jails

Aside from causing overcrowding in jails, having several people incarcerated could be a burden to the criminal justice system because more resources will be required to care for them. Hence, allowing you to participate in a diversion program could benefit the criminal justice system.

Helps Restore Justice

Some diversion program principles encompass restorative justice practices, allowing you to make peace and build better relationships with the victim(s) of the offense and the community through restitution and community service.

Lessened Risk of Facing Harsher Penalties

If your case goes through the traditional prosecution process, there is a chance that you could face harsh penalties after conviction, including hefty fines and lengthy jail time.

Types of Diversion Programs You Should Consider if You Are Under Arrest for an Alleged Offense

Below are popular types of diversion programs you could qualify for when you are under arrest as a suspect in a criminal case:

Drug Diversion

As the name suggests, this program is for defendants charged with drug-related crimes. If you are an excellent candidate for drug diversion, the court will require you to enroll in drug counseling and education sessions. A drug diversion also offers you rehabilitation services for substance use addiction.

After completing the program successfully without any violations, the court will reduce or dismiss your underlying drug-related crime.

Mental Health Court

You could be eligible for mental health court if the court finds that you have a severe mental health issue that contributed to the alleged offense, and you have a minimal criminal record. This diversion program will allow you to undergo a tailor-made special treatment plan that involves group counseling, cognitive behavioral treatment, life skills training, role-playing, medication, and other mental health services.

Your stabilization and reintegration into the community are the primary goals of the mental health court.

Domestic Violence (DV) Diversion

If you are under arrest or charged with a non-violent DV-related offense, you could qualify for the DV diversion program. Your attorney can help prove to the prosecutor you are an excellent candidate for this diversion program by showing him/her that the victim is your intimate partner and you did not cause any injury to him/her.

If you are an excellent candidate for this diversion program, the court will suspend your prosecution for two (2) years as you complete a specific “track” based on your gender and risk of reoffending. DV diversion allows you to undergo counseling and treatment that can help you quit the pattern of abusive behaviors that led to the offense.

Depending on the facts of your unique DV case, the court could also require you to pay the victim restitution of up to $2,000. How long the treatment will last depends on your unique case's facts and seriousness. When you fail to complete this program and comply with all its requirements, including paying restitution, the prosecutor will ask the court to reinstate the traditional prosecution.

Animal Cruelty Diversion

As the name implies, animal cruelty diversion is for defendants charged with offenses that involve neglect or abuse of an animal. After completing this diversion program successfully, the court will dismiss your charges.

If you qualify for this diversion program, the court will halt the prosecution of your case for two years while you finish a course provided by the ASI (Animal and Society Institute), which is run by SAGE Counseling.

Typically, this treatment involves individual or group counseling, and the court could require you to pay restitution to the victim. The duration of this treatment will depend on the nature and facts of your unique case. Like any other diversion program, the prosecution team will request the court to resume prosecution of your case when you fail to complete the diversion.

Justice Court Diversion

This diversion program is available for people charged with misdemeanor offenses. The justice court diversion program will allow you to finish eight (8) hours of SAGE counseling in ninety (90) days. Defendants with substance abuse problems usually belong to Track 1, while other defendants are assigned to Track 2.

Veteran Diversion

Lawmakers recognize veterans' unique issues, and the veteran diversion program is designed to address their specific needs. The veteran diversion program will allow you to receive counseling services, treatment for PTSD (post-traumatic stress disorder), and support services tailored to your unique needs.

Alternatives to Diversion Programs

Other alternatives to the traditional court process that you can consider if you are not an excellent candidate for any of the above diversion programs include:

Mediation

Instead of a trial, a mediator (third party) will intervene to help you and the victim of the offense communicate and come to a mutually agreeable resolution.

Arbitration

Arbitration is another way to resolve your case without needing a trial. During arbitration, a neutral arbitrator will listen to arguments from you or your attorney and the victim to decide the best outcome of the case.

Exploring these alternatives when charged with a criminal offense could lead to a speedier resolution, financial savings, and greater control over the results of your case. Your attorney will examine the details of the alleged offense and help you determine the most appropriate course of action for your unique case.

How a Seasoned Attorney Can Help You Navigate the Diversion Programs

When facing a criminal charge, navigating the ins and outs of the diversion programs without legal assistance from an attorney can be confusing and challenging. A skilled defense attorney can help make a major difference in your unique case. Here is an overview of various ways an attorney can help you:

He/she Will Help You Understand the Eligibility Requirements

The attorney you will hire will assist you in determining whether you are an excellent candidate for diversion programs as an alternative to the traditional prosecution process, which could result in adverse consequences on your life.

He/she Will Offer the Necessary Legal and Emotional Guidance Throughout the Process

Navigating the ins and outs of the criminal justice system can be overwhelming and confusing. However, if you have a seasoned attorney, he/she can offer you clear legal guidance and emotional support in every stage of the process to secure a favorable outcome.

He/she Will Negotiate With the Prosecutor

Your attorney will act as your legal voice, meaning he/she will negotiate with the prosecutor to secure a desirable outcome.

With your attorney's in-depth understanding of the justice system, he/she will ensure no stone is left unturned when convincing the prosecutor to award you a diversion program.

How do I Find a Reliable Attorney for a Diversion Program?

You should consider various factors if you are looking for an attorney to help secure a diversion program after an arrest. For example, you consider an attorney's

1. Experience

Hiring an attorney with significant experience and a track record of success representing clients with similar or related cases is paramount.

2. Knowledge of Relevant Laws

An attorney who understands and is well-versed in the statutes and regulations surrounding diversion programs can increase your chances of securing a favorable outcome.

3. Reputation

An attorney's reputation speaks volumes about the quality of his/her services even before you hire him/her. If your prospective attorney has a negative reputation among his/her past clients, you should consider that a red flag and hire a different attorney.

Find a Criminal Defense Attorney Near Me

When charged with an offense, consulting with a credible attorney to help you determine your eligibility for a diversion program can significantly affect the outcome of your case. Securing any of the above diversion programs is not automatic, and you will rely on your attorney to help convince the court you are eligible.

We invite you to call our reputable criminal defense attorneys at Phoenix Criminal Attorney at 602-551-8092 for legal guidance on a diversion program suitable for your unique case. We will offer you legal representation at every stage of this crucial process to secure a favorable outcome.