What Is a Diversion Hearing in Court

Pre-trial diversion programs in the state of California allow eligible defendants to avoid jail as long as they complete treatment and education classes. No crime is on your criminal record if your case is resolved by diversion. However, there are some exceptions to the diversion program that are generally not mentioned for people who participate in the program because they do not apply to everyone. For example, if you are governed by the Australian Health Practitioner Regulation Agency (AHPRA). Organizations like AHPRA have the power to access a person`s entire criminal history. This will be discussed in more detail in my next blog. Pre-trial diversion programs in California allow eligible defendants to avoid jail by taking treatment and education classes. If they successfully complete the program, the case is usually dismissed as if it had never happened. If the terms of the diversion plan are not complete, the case will be referred for a new hearing. All information about the redirect will also be removed from the court file. It is important that you respect the terms of your redirect. The court may also impose a conditional sentence to ensure that the defendant avoids further misconduct once the diversion periods have ended.

Diversion is an agreement between us and the prosecutor. He basically says, „As long as you do everything you`re supposed to do in distraction, we`ll dismiss the case when you`re done.” If you are referred to a diversion, the case goes to a judicial officer, where you must fill out a questionnaire and attend an interview. The case is then referred back to a judge for a final decision. If a redirect is granted, you must meet a number of conditions as part of the redirect plan. This could include: The following steps describe the redirection process. It does not cover all situations. You may get a distraction for certain traffic violations. You will continue to receive demerit points and, if necessary, a fine. Negotiating and defending diversion conditions is another crucial step, as is documenting to the satisfaction of the court that the defendant completed these steps in a timely manner. The defendant must prepare the case for distraction, including things like the diagnosis of mental illness and documentation of criminal history and military service. Does this sound too good to be true? There is a catch, and the problem is that you are brandishing all the rights to challenge the case when you go on diversion.

The diversion program is not available for traffic violations that result in the mandatory loss of a driver`s licence. For example, speeding, alcohol or drugs while driving, or refusing to take alcohol or drug tests. A youth distraction program can be used as an intervention strategy for first-time offenders who have broken the law and ended up in the juvenile justice system („Youth Distraction Programs”). [6] There are many benefits to this program, including preventing the child from being influenced by more serious criminals in a juvenile prison, allowing the courts to use the necessary resources for young offenders who pose a real threat to society, and getting help from the child for drug addiction or family problems (Cocozza). [7] Defendants who opt for a distraction must also waive certain rights, including the right to a speedy trial. Redirection necessarily takes time. The defendant needs this time to meet the conditions of the program. The court may send the questionnaire prior to the referral hearing if the notice of diversion was received more than seven days in advance. Drug-related crimes in California that can be solved through a diversion program include: Almost all crimes — felonies and misdemeanors — are eligible for psychological distraction. However, the following crimes are out of the question for a psychological distraction: Who qualifies for distraction? California`s Criminal Code 1000 CP deals with the diversion of drug-related crimes, the first of three diversion programs.

If a defendant obtains a diversion, they receive: The Youth Diversion and Mediation Program was launched in 2010 as a pilot project in four cities: Tbilisi, Rustavi, Batumi and Kutaisi. [20] As Andro Gigauri, a senior official at the Ministry of Justice of Georgia and author of the program,[21] expected in 2011, the entertainment and mediation program was expanded with the adoption of amendments to the Georgian Code of Criminal Procedure. [22] Since 2013, the diversion program has applied to all first-time offenders (without geographical restrictions) who commit a non-violent offence in cases where the accused is under 21 years of age. Since 2015, the Youth Distraction and Mediation Program has also been governed by the Juvenile Justice Code of Georgia. [23] Completing a redirect has many advantages, including avoiding a criminal record. It also allows participation in counseling and/or treatment to reduce the risk of relapse. Before the hearing, a registrar will ask you to complete a questionnaire and ask yourself questions. This helps the court decide if redirection is appropriate and identify services that may face the offensive behavior. The Registrar can talk to the victim to see if they agree with the diversion and if a refund is being sought. The following drug offences can be solved through distraction programs under The Criminal Code 1000: The prosecutor`s office – usually the police officer who laid the charges – must accept a distraction. Recognition and responsibility for the offence are required.

If a diversion is granted, the judicial officer will set out a number of conditions that must be met as part of a diversion plan. Conditions may include: Mental health diversions depend on a qualified psychiatrist who makes an eligible diagnosis in accordance with the Diagnostic and Statistical Manual of Mental Disorders. The availability of distraction programs depends on jurisdiction, the nature of the crime (usually non-violent crimes) and, in many cases, the exercise of prosecutorial discretion. [13] A 2016 New York Times investigation found that some prosecutors charged significant fees for diversion programs and earned significant revenues from them. [14] These fees may constitute a barrier to access to misappropriation for poor defendants. Pleading guilty is often a prerequisite for access to a distraction program. This means that if a defendant switches to a diversion program and does not pay the costs for the program, the defendant can be taken back to court and proceed directly with the conviction and conviction. [14] The decision on the misappropriation of minors is made by the prosecutor/lawyer.

[25] A social worker is then assigned to the file to assess the adolescent`s bio-psychosocial profile. [26] At the end of the assessment, the social worker recommends that a number of requirements be included in a diversion contract. [27] Mediation proceedings are initiated with the consent of the victim. [28] A neutral/independent mediator is assigned to the case. [29] The role of the mediator is to facilitate dialogue between the perpetrator and the victim, to support the reconciliation process and to reach an agreement on compensation for damages. [30] If the defendant participating in a pre-trial diversion program does not complete the mental health treatment plan, the criminal charges are resumed. The defendant can fight the charges as a normal criminal matter. Distraction has played a key role in improving outcomes and rehabilitation for young offenders.

[Citation needed] The concept of juvenile distraction is based on the theory that the treatment of some minors by the juvenile justice system can do more harm than good. [5] Programs designed to distract young offenders are often fundamentally different from programs designed for adults. [Citation needed] Often, teens face addiction and mental health issues, which can be the underlying cause of these crimes. • The alleged offence must be minor and must be tried by the Court of First Instance. .