QUESTION
“What is diversion? I have a misdemeanor theft case. Can I get diversion?”
ANDREW’S ANSWER
Diversion is a program that diverts clients away from the criminal justice system; generally, clients can get their case dismissed on diversion if they successfully perform their diversionary terms. Diversion is available for a wide array of offenses.
Diversion is a reasonable possibility here, but, from my experience, whether you can attain diversion (through your lawyer) depends upon five general factors experience: (1) the DA who is handling the matter; (2) the jurisdiction (or bench officer presiding) in which you are prosecuted; (3) your criminal history; (4) the amount of loss the alleged victims sustained by virtue of the alleged theft; and (5) the nature of the evidence against the client.
Please note, that diversion can be pre or post plea. Pre-plea is more favorable than post because we can preserve all the constitutional rights an accused has with the exception of speedy trial (which the client waives for diversionary purposes). Pre-plea diversion or “informal diversion” at least in one circumstance, means that even if you mess up, you can still go to trial.