Chandler’s Rule 38 Diversion and Deferred Judgment Agreements May Avoid a Criminal Conviction for Domestic Violence.
In some domestic violence cases, diversion or deferred judgment can be negotiated between the defense attorney and prosecutor. The Chandler City Prosecutor’s Office might allow one of two diversionary programs. The first, and more desirable option, is Rule 38 diversion, whereby, the case is suspended to allow a defendant to complete an anger management program.
In the Chandler Municipal Court, your attorney can also advocate for a deferred prosecution program under A.R.S. 9-500.22. With a deferred judgment, the Chandler City Court judge accepts a guilty plea, but doesn’t enter the conviction. Instead, the judge puts the case on hold and instructs the Defendant to start a domestic violence program supervised by the probation department. If the domestic violence program is timely completed and court costs are paid, all charges are dismissed and the guilty plea is set aside.
Both of Chandler’s domestic violence diversion programs are in the discretion of the prosecutor. Your defense attorney can explain to the Chandler prosecutor—both in in person and in writing—why you’re a deserving candidate. Many personal and legal factors can be considered in a prosecutor’s decision to permit diversion.
Diversion is often a desired outcome because it avoids the criminal conviction and collateral consequences that attach to a domestic violence record. Regardless, if it’s apparent the State cannot prove the case beyond a reasonable doubt, it’s sometimes smarter to reject diversion and fight the charges. A skilled Chandler, Arizona defense attorney can explain these options during representation.