A diversion program is an alternative to traditional prosecution where the defendant agrees to complete specified conditions (treatment, classes, community service, restitution) in exchange for the prosecutor dismissing the case at the end. The defendant typically doesn't plead guilty unless required to do so before participation.
Common diversion programs include first-offender drug diversion, mental-health diversion, veterans treatment courts, and prosecutor's pre-charging diversion. Each program has its own eligibility criteria and conditions.
Successful completion means no conviction. If the defendant fails to complete the program, the original case is reinstated and proceeds normally.
Eligibility is often narrow: first-time offenders, no violent offenses, no recent prior arrests. The prosecutor has substantial discretion over admission. Defense counsel's relationship with the prosecuting office matters. Knowing which cases are diversion-eligible and how to present the request affects whether the option is offered.