Gilbert’s deferred judgment diversion may help avoid a criminal conviction.
For some Defendants, domestic violence diversion can be negotiated by their attorney. Gilbert’s Domestic violence diversion involves paying program and probation fees and completing domestic violence counseling through Gilbert Youth and Adult Resources, which is located inside the Gilbert Police Department. If successfully completed, the deferred judgment plea is set aside and the case is dismissed. Domestic violence diversion is in the sole discretion of the prosecutor. Your defense attorney can explain to the prosecutor why you’re a deserving candidate for diversion. Many factors weigh into the prosecutor’s decision on whether to permit diversion.
Diversion is often a desired outcome because it can avoid the conviction and collateral consequences. Nevertheless, if it’s apparent the State cannot prove the case, it might be wiser to reject diversion and fight the charges through trial. A skilled defense attorney can explain these options during representation.
The Town of Gilbert Prosecutor’s Office has a domestic violence deferred prosecution program under A.R.S. 9-500.22. With this particular diversion, the Gilbert judge accepts the plea, but doesn’t enter a judgment or conviction. The judge instructs the Defendant to start the prosecutor’s diversion. If the program is timely completed, the case is completely dismissed and the guilty plea is set aside.
The Court’s release conditions may prevent you from returning home or seeing loved ones.
Gilbert judges often won’t let you return home or contact the victim while your case is pending. For obvious reasons, this causes disruption and inconvenience to the family. Gilbert Judges do this in the abundance of caution.
An experienced Gilbert criminal lawyer can file a motion to modify your release conditions to allow you to return home and have contact with the alleged victim. Whether the judge grants a modification depends upon the underlying facts, victim input, and prosecutor’s position. Gilbert prosecutors almost always object to changing release conditions. In Gilbert cases, it’s helpful if you seek marital counseling separately. Modifications to release conditions are more likely when the underlying allegations are minor and there’s a lack of violent history.
A Gilbert criminal attorney can help you restore gun rights.
Even after a domestic violence conviction, a Gilbert defense lawyer can file a motion to set aside the judgment. The set aside law is found under ARS 13-907. A set aside motion cannot be filed until the Defendant completes sentencing terms. If the judge sets the conviction aside, federal law would no longer prevent firearm possession.