Certain people can take advantage of diversion and intervention programs in Lexington, Kentucky. These programs help people avoid criminal convictions. In most cases, if they complete all of the requirements, then the court will dismiss the case.
Not everyone is a candidate for diversion or intervention. However, it is a great opportunity for those who are. They can avoid a conviction that could permanently remain on their criminal record. A criminal record can affect one’s ability to find housing or get a job.
It is worth considering whether you are eligible to participate in diversion or intervention. A Lexington criminal defense attorney can help you understand the options available in your case.
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Is There a Difference Between Diversion and Intervention?
Some people use the terms diversion and intervention to mean the same thing. However, they are two distinct programs.
Diversion programs exist for people who are charged with low-level crimes and deserve a “second chance.” These offenses are non-violent, and the program is generally reserved for people who don’t have a criminal record. Once in the program, the participant has certain obligations. If they meet the requirements of the program, the court will dismiss the case.
Intervention programs exist for people who have a specific issue that caused them to commit a crime. Most of these defendants have mental health or substance abuse problems. The purpose of the program is to address their needs by connecting them with resources. This prevents them from committing further crimes in the future.
What Diversion Programs Are Available in Lexington?
Pretrial diversion and juvenile diversion are the two programs available in Lexington.
Pretrial Diversion
Pretrial diversion is an option for some defendants, but participation is not a guaranteed right. The prosecutor can decide whether or not to offer pretrial diversion in misdemeanor or Class D felony cases.
A prosecutor will generally consider:
- The type and severity of crime
- The defendant’s prior criminal record
- Mitigating factors
- Aggravating factors
To participate in diversion, the defendant must make a guilty plea. Instead of entering the plea, the court will note it and continue the case pending diversion. If the defendant completes diversion, the court will dismiss the case.
If the defendant fails diversion, the court will enter a guilty plea.
Juvenile Diversion
Juvenile diversion is similar to pretrial diversion, but it is specific to kids. Just as with adults, the juveniles need to meet the program requirements before the judge can dismiss the case, and they can avoid juvenile detention.
The requirements may be slightly different from the adult requirements and more tailored to the child’s needs.
What Are the Requirements To Complete Diversion in Lexington?
The prosecutor can choose specific requirements depending on the facts of the case. Some defendants may need to complete requirements that others do not need to complete. Examples of common requirements are:
- Staying out of trouble
- Meeting with a probation officer
- Submitting to drug tests
- Completing community service
- Attending all court hearings
- Participating in treatment or counseling
- Paying restitution
- Writing apology letters
If the defendant doesn’t meet all of the requirements, the judge will not dismiss the case. They will be convicted and lose their right to have a trial.
What Intervention Programs Are Available in Lexington?
Drug court and mental health court are the two most popular intervention programs in Lexington.
Drug Court
Drug court is reserved for people who are charged with drug crimes or non-violent crimes related to drug usage. The defendants must address their drug issues with a team of professionals. This includes substance abuse therapists.
Mental Health Court
Mental health court is for people who have a diagnosed mental health disorder. As with drug court, the participants address their mental health conditions with experts. This can include going to treatment and/or taking medication.
What Are the Requirements To Complete Intervention in Lexington?
Drug court and mental health court are generally stricter than diversion. It can take years to complete the intervention because the cases are complex. Many defendants must:
- Complete treatments
- Attend regular court hearings
- Meet with a probation officer
- Find stable housing
- Secure employment
- Submit to drug tests
- Stay out of trouble
- Participate in any other treatments as recommended
When someone fails to meet these requirements, they can be convicted of the underlying offense. The court can decide whether to send them to jail or order another type of punishment, such as further treatment.
A Lexington Criminal Defense Lawyer Can Help You With Diversion and Intervention in Lieu of Conviction
An attorney can help convince the prosecutor to allow you to participate in diversion or intervention in lieu of conviction. Furthermore, a Lexington criminal defense lawyer can help you along the way. They will make sure you meet all the requirements and have your case dismissed.
For help, contact Suhre & Associates DUI and Criminal Defense Lawyers to schedule a meeting with a Lexington criminal defense attorney at (859) 569-4014.
