Domestic violence diversion can help avoid a conviction.
In some domestic violence cases, diversion can be negotiated. Domestic violence diversion involves fees and domestic violence counseling. Upon successful completion of the program, your case is dismissed. Domestic violence diversion and deferred prosecution are in the sole discretion of the prosecutor. Your defense attorney can outline why you’re a deserving candidate. Many factors weigh into the prosecutor’s decision on whether to allow diversion. Diversion is usually a desirable outcome because it avoids a domestic violence conviction and collateral consequences. When it’s apparent that the State cannot prove the case, it might be wiser to reject diversion and fight the charges.
Arizona Rules of Criminal Procedure provides for Rule 38 Diversion. In addition, a city prosecutor’s office can establish a deferred prosecution program under A.R.S. 9-500.22. The Mesa City Prosecutor sometimes allows a deferred judgment plea under A.R.S. 9-500.22. Mesa Municipal Court’s diversion requires a guilty plea before starting diversion. In this type of diversion, the judge accepts the plea, but does not enter a conviction. Instead, a defendant is instructed to start diversion, and once the program is complete, the case is dismissed and the plea is set aside. When warranted, a Mesa prosecutor might agree to continue or suspend a case to allow pre-trial diversion, which doesn’t require a guilty plea.
Release conditions sometimes prevent you from returning home.
Sometimes the initial judge won’t let you return home when the victim lives there. This can cause disruption and inconvenience. And often, it’s not what the victim wants. The Court does this in the abundance of caution.
Your Mesa criminal defense lawyer can file a motion to modify release conditions and request permission to return home and resume lawful contact with the victim. Whether the Court grants the motion depends upon the underlying facts, victim input, and prosecutor input. Typically, if the victim wants the Defendant back home, and the underlying allegations are relatively minor, the judge will often allow a defendant to return home.
Your Mesa domestic violence defense attorney can help you restore gun rights.
A mesa defense attorney can file a motion to set aside a domestic violence conviction. The set aside law is found in ARS 13-907. It cannot be filed until completing all sentencing terms, including domestic violence classes, probation, jail, fines, and restitution. If the judge sets aside the judgment, federal law no longer prohibits firearm possession.