America has the largest documented incarceration rate in the world. Every prison system in the country is overcrowded and generally understaffed, making rehabilitation and even protection of prisoners a difficult, if not impossible, task. Any alternative form of crime prevention and punishment should be welcome to law enforcement officials.
Diversion Programs
One of the most popular options in use today is a diversion program, which is operated locally by a police department, district attorney’s office, or a court to help first offenders and juvenile offenders avoid criminal chargers, prison, and a criminal record by having their charges dismissed before they even appear in court.
Diversion programs occur when a criminal is "diverted" from the normal means of criminal punishment to a process of rehabilitation and restitution outside the criminal justice system. These programs can be offered by prosecutors or defense attorneys if they believe they are warranted and both the offender and the penal system will benefit from it.
Situations Where Diversion Programs May Work
Diversion programs are generally appropriate for first-time offenders or juvenile offenders charged with minor or non-violent crimes, including:
- Misdemeanors
- Non-violent felonies
- Drug or alcohol offenses
- Child abuse or neglect
- Traffic violations
- White collar crimes
- Domestic violence
- Shoplifting
The types of offenses included in these programs vary by state, as do the requirements of diversion programs. Many systems include:
- Drug or alcohol treatment or rehabilitation
- Education to prevent further criminal activity
- Restitution
- Community service
- Avoiding certain people or places that would lure the offender back into criminal activity
What Happens to the Charge?
Those who successfully complete these programs may have their charges reduced or, in many cases, dropped entirely. Those who fail to complete the programs or display inappropriate behavior throughout the process may face the original charge or even harsher penalties than were first levied.
In some cases, these diversion programs are not approved before a court appearance, which can still result in a criminal record. Even if these are granted before trial, the offender must take additional steps to have their arrest record cleared, if it is even possible in their jurisdiction.
These types of alternatives are most successful with juvenile offenders. They receive the most benefit by not being placed in the criminal penal system to learn more serious and effective ways of committing crimes.
What Your Lawyer Can Do
While a prosecutor can suggest pretrial diversion programs, they often have no incentive to do so unless an attorney appeals to them with positive information about the offender’s likelihood of benefitting from them. Not only will a criminal defense attorney seek to procure the greatest benefit for their client, they know the local laws, prosecutors, courts, judges, and procedures that are commonly allowed. This can be a tremendous benefit when arguing for leniency for a youthful or first-time offender.
Get Informed: Learn more about Diversion and First Offender Options.
