Diversion Attorney in Denver, Colorado
Many people mistakenly believe there are only two possible outcomes when they are charged with a crime: either there will be nothing if they’re found not guilty or they will be convicted and face penalties if found guilty. But there may also be a third possible outcome: diversion.
If you have been charged with certain non-violent criminal offenses, including a first-time DUI offense, you can be “diverted” from the traditional criminal justice process to participate in a specified reform program. And that’s great news considering that successful completion of a diversion program can result in the dismissal of the underlying charges.
Facing criminal charges can cast a heavy shadow on your future and your life as a whole. With over 20 years of experience, Attorney Chris Cessna from The Law Office of Christopher H. Cessna can help explore your diversion program options and determine your eligibility for the program. Whether you’re facing DUI or other charges, the diversion attorney in Denver, Colorado, will leverage his skills to negotiate with the prosecution to get the best possible deal for you.
What Is Diversion in Colorado?
Certain criminal offenses can be diverted out of the criminal justice system if you make a deal with a district attorney and agree to certain conditions, which may include counseling and treatment, payment of restitution, or others. Diversion in Colorado is formally known as “adult diversion,” but can also be called “deferred prosecution” or “pre-trial diversion.”
If you hold up your end of the bargain and successfully complete the diversion program, the District Attorney’s Office won’t file any charges against you. If the charges have already been filed, the District Attorney’s Office will dismiss them, which essentially means you won’t be prosecuted for the offense.
What Is the Purpose of Diversion?
The idea behind diversion is simple: a defendant is held accountable for their actions while having a chance to avoid a criminal record and other consequences of a conviction. Diversion also helps reduce the number of cases in the criminal justice system as defendants who participate in diversion programs aren’t prosecuted during the period of diversion. Diversion is also believed to be effective in preventing the defendant from committing new crimes as they risk losing their chance of a complete dismissal.
“What’s the catch?” you might wonder. In cases where defendants cannot prove their innocence, diversion can be an excellent alternative to serving a sentence and potentially going to jail or prison. However, not all conditions may be fair or reasonable. That is why you might want to work with a Denver diversion attorney to ensure you don’t agree to anything unfair or unreasonable.
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Eligibility for Diversion in Colorado
Not everyone is eligible for diversion in the state of Colorado. In fact, this alternative to the formal prosecution process is available to first-time offenders accused of certain crimes, including but not limited to DUIs, drug crimes, and domestic violence.
The district attorney considers an array of factors when determining whether to offer diversion, including but not limited to:
The nature of the alleged offense;
The circumstances surrounding the alleged offense;
The defendant’s characteristics and circumstances;
Whether diversion would support the defendant’s rehabilitation and reintegration into society; and
How diverting the defendant from prosecution would affect the public.
For example, if an individual committed a criminal offense that generally qualifies for diversion but the individual is deemed a threat to society due to their behavior, the district attorney may refuse to offer diversion.
How Long Does Diversion Last?
Generally, diversion programs last up to two years, though the period may be extended for an additional year if the following is true:
The defendant fails to pay restitution to the victim;
The payment of restitution is the only condition of diversion that hasn’t been fulfilled; and
The defendant has or is expected to have an ability to pay in the future.
The agreement that contains the conditions of diversion will generally specify how long the program will last. During the period of diversion, the defendant may be supervised by either a diversion program or the probation department.
Conditions of Diversion
Every diversion agreement is unique and tailored to each defendant. However, most diversion programs require defendants to obey at least one of the following conditions:
An alcohol or drug assessment;
A sex-offender assessment;
Counseling and treatment;
Community service;
Payment of restitution to the victim;
Prohibition on committing any other criminal offenses until the program is complete;
Prohibition on possessing any firearms until the program is complete; and/or
Surrender any firearms the defendant currently has until the program is complete.
Typically, a diversion agreement will contain a statement of the facts related to the underlying charges. In case you do not successfully complete your diversion program, the district attorney will be able to use this statement to resume the prosecution against you.
Diversion Attorney in Denver, Colorado
Not all criminal charges need to result in nerve-wracking, lengthy, and unpredictable trials. Diversion can be a desired alternative to the uncertainty of criminal proceedings, but it’s only available to some first-time offenders. As someone who has devoted his entire practice to the defense of people facing criminal allegations, Attorney Chris Cessna will work to achieve the best possible resolution in your case so you can move forward with a clean slate.
The Law Office of Christopher H. Cessna serves clients in Denver, Colorado, as well as surrounding areas, including Arvada, Lakewood, Aurora, Berkley, Westminster, Wheat Ridge, and Sherrelwood. Contact Attorney Chris Cessna today to schedule a free case evaluation and discuss the options that may be available to you.