Judicial, Mental Health, and Military Diversion
When you are facing criminal charges, your first thoughts will go to the idea of a complete dismissal of your case, or the idea of a jail sentence after a long jury trial. This is expected – this is what we see in movies and television.
However, there are other common alternatives that are not often shown on-screen because they are not exciting. As a defendant, you should know about these because they could be the best result for your case.
“Diversion” is the word we use to describe programs that result in your case being dismissed after you complete certain obligations such as classes, community service, or simply staying out of trouble. For example, a first-time offender charged with simple shoplifting may be able to agree to a diversion program where they must stay out of trouble for one year, complete an 8-hour anti-theft class online, and do 20 hours of community service. If they do these things, their case will be completely dismissed.
There are different types of diversion, as well – the most common, “judicial” diversion, is offered for many misdemeanor charges and can be negotiated with the judge, over the prosecutor’s objection. There are also diversion programs available to anyone suffering from a mental health condition or members of the military (including veterans).
Members and veterans of the military may also have the option to participate in Veterans Court, which is typically reserved for felony charges and will normally involve some kind of substance abuse treatment or mental health counseling, if applicable.
Farris Law Firm has successfully placed many clients in diversion programs. If it is appropriate for your case, we will advise you on the best way to proceed.