Getting convicted in Colorado can result in serious consequences, such as jail or prison time and a permanent criminal record. Fortunately, even if obtaining a not-guilty verdict seems farfetched, it is still possible to avoid conviction and a harsh sentence by entering an “adult diversion” program.
What is Adult Diversion?
The purpose of adult diversion is to ensure defendants avoid significant criminal penalties of a conviction and reduce the number of cases in the criminal justice system and inmates in the jail/prison systems. Diversion involves an agreement made between a defendant and a district attorney.
When you enter diversion, you will be placed on probation, which means you will be subject to routine meetings with and phone calls from your probation officer or supervisor. Common conditions of diversion include counseling, alcohol/drug rehabilitation, paying fines and restitution, and community service.
Who is Eligible for Adult Diversion?
Adult diversion is mostly offered to first-time offenders accused of a drug crime or a low-level offense, including sex crimes and violent crimes. However, anyone accused of sexual assault on an adult or child, any sex crime against an at-risk adult or minor, any sex crime involving the use of a deadly weapon, enticing a child, or prostitution of minors does not qualify for this program.
How Long is Diversion?
Adult diversion can last up to two years. Yet, if you fail to pay restitution and you can pay in the future, the diversion period could be extended for up to one more year.
What Happens If You Complete Diversion?
If the defendant completes all terms of the agreement, then the prosecutor will not file any charges against the defendant. If the charges have already been filed, then the court will dismiss the entire case without prejudice.
In other words, successfully completing the program means you will not be convicted. Additionally, you will not be required to disclose the arrest, summons, or anything related to the case for any purpose, including employment background checks.
Keep in mind, your arrest and/or charges will still be on your record. To hide the arrest or charges from public view, you must file a petition to have your criminal record sealed.
If you or a loved one has recently been arrested in Denver, contact Orr Law Firm today at (303) 747-4247 and schedule a free consultation. Get four decades of combined legal experience on your side!