Some people charged with crimes in Louisville can participate in diversion or intervention programs. These programs allow a defendant to complete certain requirements. If they meet all the requirements, the court will dismiss the criminal case.
Diversion and intervention in lieu of conviction is an excellent opportunity for some people. Especially those who are likely to be convicted. It helps them to avoid having a criminal record. However, the programs are not available to everyone.
Keep reading to learn more about whether or not you may be eligible for this type of program.
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What Is the Difference Between Diversion and Intervention?
Many people use the terms diversion and intervention interchangeably. However, there are differences between these two types of programs.
Diversion programs are available to people who have committed low-level or nonviolent offenses. The program requires the defendant to meet certain requirements before having the case dismissed. The purpose of this program is to give individuals a second chance to avoid a criminal record.
On the other hand, intervention programs are for individuals who have committed a crime because of a specific issue. These individuals often need mental health or substance abuse treatment. The purpose of intervention programs is to help connect these individuals with resources to address these needs.
What Diversion Programs Are Available in Louisville?
The two main diversion programs in Louisville are pretrial diversion and juvenile diversion.
Pretrial Diversion
Pretrial diversion is offered at the discretion of the prosecutor. Generally, it is available for non-violent and low-level offenses. A prosecutor may offer pretrial diversion in misdemeanor or Class D felony cases.
In deciding whether to offer pretrial diversion, a prosecutor will consider the following:
- The type of crime
- The severity of the crime
- Defendants prior criminal record
- Mitigating and aggravating factors
If the defendant is offered diversion, they will enter a guilty plea. However, the court will divert the case instead of entering a conviction. Upon completing the program, the court will dismiss the case.
Juvenile Diversion
It’s common for juveniles to be offered diversion in lieu of adjudication as well. As with adults, a juvenile will meet several requirements to have the case dismissed. Generally, prosecutors are more amenable to diverting juvenile cases compared to adult cases. That’s because the purpose of juvenile court is to rehabilitate children.
What Are the Requirements of a Diversion Program?
The requirements of diversion can vary depending on the specifics of the case. Most defendants are required to:
- Stay out of trouble
- Meet periodically with a probation officer
- Submit to drug tests
- Complete community service
- Attend all court hearings
- Participate in treatment or counseling
- Pay restitution
The defendant must meet all requirements in order to successfully have the case diverted. If they fail to follow all the rules, they will be convicted and lose the right to have a trial.
What Intervention Programs Are Available in Louisville?
The most common intervention programs in Louisville are drug court and mental health court.
Drug court is a specialty court for people charged with drug offenses or nonviolent offenses. The crime is usually related to their drug usage. Participants work with a team to address their underlying drug issues. If successful, their case may be dismissed.
Mental health court is similar to drug court. However, it is for people who have a diagnosed underlying mental health condition. Usually, their mental health caused them to commit the current criminal offense.
What Are the Requirements for Intervention in Louisville?
Drug courts and mental health courts tend to have much stricter requirements than diversion. Participation usually lasts between 18 months and multiple years. The defendants are often required to:
- Complete substance abuse and mental health treatment
- Attend regular court hearings
- Stay in close contact with a probation officer
- Find stable housing
- Secure employment
- Take drug tests
- Stay out of trouble
- Participate in other treatments as recommended by the treatment team
If a participant relapses, they could be removed from the intervention program. Then they could be convicted of the offense. However, the court may also decide to give them a different punishment. It could be a short stay in jail or additional services. Each participant has an attorney who can advocate for their needs while in the program.
A Criminal Defense Lawyer Can Help With Diversion and Intervention in Lieu of Conviction
A prosecutor is more likely to offer diversion or intervention instead of conviction if someone has a lawyer. An attorney can help you enter and complete the program to avoid a criminal record. If you make a mistake while in the program, they can advocate for you. You should consult with a criminal defense attorney to see if you are eligible for either diversion or intervention.
Schedule a Free Case Review With an Experienced Louisville Criminal Defense Attorney
If you are concerned about the collateral consequences of a criminal conviction, you can talk to a Louisville criminal defense lawyer at Suhre & Associates DUI and Criminal Defense Lawyers during a free consultation. The best way to protect your rights is to have sound legal advice about your options and rights before you enter a guilty plea in court or agree to a plea bargain. Give us a call at (502) 371-7000.
