Advantages of Diversion Programs Over Trial in Sacramento

Advantages of Diversion Programs Over Trial in Sacramento

Going to trial can be a long, expensive, and stressful process. That’s why many defendants in Sacramento opt for diversion programs instead. Diversion programs provide an alternative to trial that can save time, money, and emotional turmoil. Here’s an overview of the main advantages of diversion programs compared to going to trial in Sacramento.

Avoid a Criminal Record

One of the biggest advantages of completing a diversion program is avoiding a criminal conviction on your record. Many diversion programs like deferred entry of judgment result in dismissal of the charges if you successfully complete the program requirements. This means you can truthfully answer “no” if asked whether you have ever been convicted of a crime. Having a clean record improves your chances of getting jobs, housing, loans etc. Going to trial always risks a guilty verdict and permanent criminal record.

Lower Costs

The costs of a trial – attorney fees, court costs, missed work etc. – can easily run into the thousands of dollars. Diversion programs have much lower upfront costs, often just a program fee of a few hundred dollars. And if you qualify for a public defender, the diversion program may be free. This makes diversion an appealing option if you can’t afford a lengthy trial.

Avoid Immigration Consequences

A criminal conviction can trigger serious immigration consequences like deportation or denial of citizenship. Diversion programs avoid a conviction, so there are no immigration penalties. This makes diversion especially useful for non-citizen defendants who want to remain in the U.S.

Quicker Resolution

Trials often take many months to conclude. But diversion programs can be completed in weeks or months. This quicker resolution provides relief from the anxiety of having charges hanging over your head. It also minimizes disruptions to your life like missing work for court dates.

Increased Leniency

Judges rarely give first-time offenders who go to trial a complete discharge or dismissal. But diversion programs frequently offer dismissal of the charges upon successful completion. Prosecutors also tend to “go easy” and offer diversion more readily if they believe it will rehabilitate the defendant and prevent recurrence.

Avoid Jail Time

Diversion is often granted for offenses that do not carry mandatory jail time. So you can typically avoid time behind bars if you complete the program. On the other hand, a trial conviction can result in days, weeks or even years of incarceration depending on the charges.

Privacy Protection

Trials are public, so your name and charges are accessible to anyone. Diversion programs are confidential, so your participation is not made public. This privacy protection can save you from embarrassment or reputational damage.

Increased Accountability

Diversion programs promote accountability by requiring you to take responsibility for your actions. You must acknowledge your behavior was wrong rather than denying guilt at trial. This accountability reduces recidivism rates.

Better Long-Term Outcomes

Diversion programs connect defendants with counseling, education, community service and other rehabilitative resources. This support promotes positive growth and reduces likelihood of reoffending. Trials lack this rehabilitative focus.

Victim Satisfaction

Victims often feel frustrated when cases go to trial, especially if it results in a “not guilty” verdict. Diversion provides restitution and requires accountability, which is more satisfying for victims.

Reduced Caseloads

Widespread use of diversion programs reduces strain on the criminal justice system. Fewer cases going to trial cuts down court backlogs and allows prosecutors and public defenders to focus resources on serious crimes.

While diversion has many advantages, it’s not the best option for every defendant. Talk to your attorney about whether you’re a good candidate. But for many people facing criminal charges in Sacramento, diversion can be a favorable alternative to the risks and burdens of trial.

References

California Penal Code 1000-1000.95: California Deferred Entry of Judgment Statute

Sacramento County Diversion Program: https://www.saccourt.ca.gov/criminal/diversion.aspx

Collateral Consequences of Criminal Convictions: https://www.nolo.com/legal-encyclopedia/consequences-of-criminal-conviction.html

The Benefits of Pretrial Diversion: https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5698817/