How Diversion Programs Might Avoid the Domestic Violence Conviction.
In some domestic violence cases, diversion can be negotiated between the county prosecutor and defense lawyer. Prosecutors at the San Tan Justice Court and Maricopa County Superior Court generally do not allow diversion because of a long-standing policy against domestic violence diversion. If, however, the prosecutor is willing to deviate from policy, they could coordinate diversion through their general diversion provider—SAGE counseling. SAGE is licensed by the Arizona Department of Health Services to provide court-ordered domestic violence treatment.
Prosecutors at the Apache Junction Justice Court will sometimes negotiate for domestic violence diversion through Corrective Solutions—their domestic violence treatment provider. Corrective Solutions provides Rule 38 diversion where cases are paused to allow defendants to complete domestic violence diversion. The program involves individual counseling, education classes, group counseling and community service.
Domestic violence diversion is not permitted 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 addition, Domestic violence diversion programs are in the exclusive discretion of the prosecutor. Your criminal attorney, however, could highlight to an assigned prosecutor why you’re a good candidate for diversion. When advocating for diversion, both legal and personal circumstances should be outlined by your criminal lawyer.
Diversion programs are often beneficial because it ensures the avoidance of the criminal conviction and the consequences that come with it.
If it’s apparent that the prosecutor cannot prove the domestic violence case at trial, it may be prudent to decline diversion opportunities. A skilled and experience Queen Creek Criminal Lawyer can evaluate and explain your options throughout the criminal procedure.