Diversion or Deferred Judgment Avoids a Domestic Violence Conviction.
Sometimes diversion or a deferred judgment can be negotiated between the defense attorney and prosecutor in domestic violence cases.
Prosecutors at the Apache Junction Justice Court will sometimes negotiate a resolution for domestic violence diversion through their provider—Corrective Solutions. Corrective Solutions provides pre-adjudication Rule 38 diversion, whereby, cases are suspended to allow defendants to complete domestic violence diversion. The program typically involves individual counseling, education classes, group counseling and community service. The cost of the program ranges anywhere from $395 to $885. Program fees don’t include victim restitution, and thus, a defendant can still be responsible for the financial harm caused to the alleged victim. The program takes 6 to 12 months. If accepted, you must contact Corrective Solutions upon receipt of a program letter. You must also write an admission to the charges, which could be used against you if you fail to complete diversion. Diversion is not allowed for anyone with a felony record, or anyone accused of committing a felony involving the discharge, use, or threatening exhibition of a deadly weapon or dangerous instrument.
In the Apache Junction Municipal Court, your criminal lawyer could negotiate for a deferred prosecution program under A.R.S. 9-500.22. With a deferred judgment, the Apache Junction Municipal Court judge accepts a guilty plea, but doesn’t enter a conviction. Instead, the judge puts the case on hold and tells the defendant to begin a diversion program. So long as the program is successfully completed, the charges are dropped and the guilty plea is set aside.
Diversion and deferred judgment programs are always in the sole discretion of the prosecutor. Your criminal defense lawyer, however, might explain to the assigned prosecutor why you’re a good fit for diversion. Both legal and personal circumstances should be considered when advocating for diversionary opportunities.
Domestic violence diversion is usually a favorable outcome because it avoids the criminal conviction and collateral consequences that come with a domestic violence conviction. That said, if the State cannot prove domestic violence charges at trial, a defendant may be wiser to reject diversion opportunities, and instead, proceed with trial. A knowledgeable Apache Junction criminal defense attorney can evaluate your options and provide you with clear advice.