Diversion, Dismissal & Downgrading
Diversion, Dismissal & Downgrading
So you got arrested, and now you’re wondering what’s next. Well, here’s the good news – your case doesn’t necessarily have to go to trial. There are a few options that could lead to your charges being dropped, reduced, or handled outside of court. Let’s break it down:
Diversion
Diversion programs are a way for first-time, low-level offenders to avoid having a criminal conviction on their record. Instead of going through the regular court process, you enter a program run by the prosecutor’s office or probation department. You’ll have to meet certain requirements like doing community service, attending classes, staying out of trouble, etc. If you successfully complete the program (usually 6-24 months), your charges will be dismissed.
Diversion is mostly offered to people with misdemeanors or low-level felonies. Common charges include petty theft, minor drug possession, vandalism, disorderly conduct. Prosecutors like these programs cause it saves them time and resources. Most states have some kind of diversion program, but eligibility and requirements vary a lot.
There’s pretrial diversion where you enter the program before pleading guilty, and post-plea diversion where you plead guilty upfront then have the conviction removed if you complete the program. The second one is riskier cause you already have a record, but sometimes it’s your only option.
Diversion has a lot of benefits – no jail time, charges dismissed, avoid impact on jobs and schooling. But you have to be proactive and ask for it early. Don’t just wait for your lawyer or the judge to bring it up. Be prepared to explain why you’re a good candidate. And know that prosecutors have a lot of discretion in deciding who gets diversion, so having an attorney negotiate for you is key.
Dismissal
Getting your charges dismissed means the prosecutor drops the case before it goes to trial. There’s a few reasons this can happen:
Lack of Evidence: The prosecution’s case falls apart because of insufficient evidence, an unreliable witness, testing that comes back negative, etc. As a defendant, you just got lucky here.
Plea Bargain: The prosecutor offers you a deal to plead guilty to a lesser charge or fewer counts in exchange for having the other charges dropped. This is very common, like pleading down from a felony to a misdemeanor.
Self-defense: You can show you acted in self-defense and the force used was reasonable. Domestic violence and assault cases often get dismissed on these grounds.
Unlawful police conduct: Your rights were violated in some way – an illegal search, failure to read Miranda rights, coerced confession. This can lead to evidence being excluded and the case being tossed.
Statute of limitations: The time limit for filing charges has expired. This depends on the crime, ranging from 1-6 years usually.
Lack of jurisdiction: The case is in the wrong court. A juvenile case may get bumped to family court, or a state court may lack jurisdiction over federal crimes.
Case of mistaken identity: You get cleared after the police realize they arrested the wrong person. Hey, it happens!
Dismissals are great, but not guaranteed. An experienced criminal defense lawyer can argue for dismissal and negotiate with the DA. Getting charges dropped early saves you time and stress.
Reduction/Amendment
Sometimes you can get the charges against you reduced to a less serious offense. Like having a felony dropped down to a misdemeanor, or a misdemeanor down to a low-level infraction. This is done through a plea bargain or amendment.
How does it work? Well let’s say you’re charged with felony drug possession, but the amount was small and it’s your first offense. Your lawyer negotiates with the prosecutor to reduce the charge to misdemeanor drug possession in exchange for a guilty plea. This carries lower fines and less jail time.
Reducing a charge looks better than pleading to the original offense. It shows remorse and responsibility on your part. Prosecutors may go for it if they have a weak case or want to save resources. The key is having an experienced attorney negotiate for you – don’t try to do this yourself!
Some common examples:
- Felony assault → misdemeanor assault
- Felony theft → misdemeanor petty theft
- Felony drug sales → misdemeanor drug possession
- Misdemeanor DUI → reckless driving
Even if you can’t get the charges fully dropped, getting them reduced can make a huge difference in the outcome. It limits the penalties you’re facing and avoids having a serious conviction on your record.
Well there ya go – a quick overview of how diversion, dismissal and charge reductions work. Having an open criminal case hanging over your head sucks, but know that options exist. Don’t just plead guilty without exploring if your charges can be lowered or dropped. Meet with a criminal defense lawyer to discuss the best strategy for your situation. And don’t give up hope – thousands of cases get dismissed or reduced every year. You got this!