Diversion Programs

Most states have recognized that low-level offenses, particularly those committed by first-time offenders, shouldn’t necessarily trigger the normal criminal-case process. They’ve acknowledged that offenders with minor crimes may not be best served going through the regular court process of a plea and sentence or, in the case of a not-guilty plea, a trial. Counseling, rather than punishment, can often help and deter such people.  (For information on a related topic, see  Substance Abuse Treatment for Defendants Facing Drug and Other Charges.)

First-Offender Programs

A "first offender" program is a way for a defendant to avoid the full effects of a criminal prosecution. It’s a type of diversion, often for those who have no previous criminal record, or at least no felony convictions.

How can I arrange for diversion if I'm charged with a crime?

I think I'm eligible for a diversion program and counseling. How do I make that happen?

Can I appeal a judge's refusal to grant diversion?

The judge turned down my request for diversion. Can I appeal that?

Can criminal cases be resolved without going to court?

Many counties throughout the country have programs or informal practices designed to resolve minor cases without criminal prosecution.

Can I settle a criminal case with money?

Criminal cases aren’t like civil lawsuits for money. With the latter, the parties have more control over the proceedings.

What is a first-offender program?

A typical "first offender" program allows a defendant to acknowledge guilt while avoiding a criminal conviction.