Tuesday, May 29, 2012

What is a diversion when it comes to a criminal case.

A diversion can be a useful tool if applied correctly.  Whether it be utilized in a DUI case, a criminal charge, or a speeding ticket diversion can surely help you keep your record clean and avoid some stiff penalties in a criminal case.

Here is a common way this question gets brought up.

Q: I am charged with theft in when I took a few items from a Walmart.  My brother told me I should try to get a diversion.  What is a diversion?

A.  A diversion agreement often referred to as “a diversion” is a contract between you and the prosecutor. When someone has committed a crime sometimes the prosecutor will offer the offender a way to divert the charge; by using a diversion agreement. Basically, if you do everything that the agreement requires you to do and don’t violate any of the conditions of the agreement the prosecutor will not move forward with the case. Additionally, you will usually have to stipulate to the facts you are accused of committing. If you break the agreement the prosecutor will proceed with the case, along with the facts that you stipulated to, making their case much easier to prove. Diversions can work great if you don’t make any more mistakes.  I always advise clients to really look at themselves and their past.  It they are the type of person who gets in trouble often then a diversion may just be setting yourself up for failure.  They have their place but now right for everyone. Just in case you happened to stumble across this blog because of a Kansas Theft case Then here is a video for you.

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