Pre-Trial Diversion Program Requirements
Here are the 5 most common questions that we have received regarding diversion programs:
What is the purpose of a diversion program, ARD, AMP, Section 17) and what should you understand prior to entering one?
Every diversion program is different but normally a diversion program will require a person to complete a treatment course or program. Conditions typically include things like alcohol and highway safety school (drunk driving), community service (property damage, criminal mischief, disorderly conduct, underage drinking), restitution (property damage, criminal mischief), and the payment of all court costs and fines.
In addition, there are situations where low-level offenses involving violence or terroristic threats do result in diversion disposition. In these situations condition could require a person to attend anger management, counseling, or classes. It is also important to understand that a person who enters a diversion program is on a form of probation and must remain arrest free and any type of arrest will more than likely result in their removal from the program. The length of the probation cannot exceed the maximum punishment of the law. For example, if a person is given a diversion program for a low level drug or DUI offense which is normally graded as an ungraded misdemeanor where the maximum punishment is one year, the diversion program supervision cannot exceed one year.
If a person is removed from a diversion program it doesn’t always mean an automatic conviction but there are programs which do result in a conviction if the conditions are not satisfied.
The common reasons why a person doesn’t complete a diversion program are as follows:
Arrested for another crime
Fails to make required payments
Fails to complete mandated classes
What is the ARD program?
ARD, (Accelerated Rehabilitative Disposition) is reserved primarily for first time drunk driving offenses. The benefit of ARD for a DUI charge is that it can result in much less of a license suspension (60 days as opposed to 1 year) and in some cases no license suspension (General Impairment DUI 3801(a)(1) - without accident).
If a person successfully completes ARD they are eligible for an expungement but it is not automatic and your criminal defense attorney must file a separate petition to clean your record. You should never assume an expungement or a clean record until you receive a court order indicating that your record is clean.
What is the Accelerated Misdemeanor Program (AMP)? What is the difference between AMP I and AMP II?
The AMP program is reserved for non-violent, first time offenders charged with misdemeanors. This program requires a person to satisfy conditions which either involves drug treatment or some type of community service depending on the actual criminal charge. Defendants have a limited time to complete these conditions and it is typically within 5 weeks after acceptance. If the conditions are satisfied, the DA’s office will withdraw prosecution and the person is eligible for an expungement without opposition. A person isn’t required to enter a plea under the AMP 1 program
AMP II isn’t for first time offenders but for those with limited convictions or non-violent pasts. Unlike AMP I, AMP II participants aren’t typically eligible for an expungement. Further, if a person fails to complete AMP II the case will not proceed to trial (unlike ARD and AMP I) but a person will proceed directly to sentencing. AMP II requires a person to enter a plea prior to acceptance into the program.
What is Section 17 (Probation without verdict)?
Section 17 is reserved for non-violent drug offenses and is often referred to as probation without verdict. Similar to other diversion programs, if a person fails to satisfy conditions (because they previously entered a plea to these charges), they will proceed directly to sentencing. It is a very good result because, again, it will not result in a criminal conviction but successful competition will result in all charges being dismissed. If you fail to complete the Section 17 program, your case will proceed directly to sentencing and you will not have a trial
Conclusion
Pre-Trial Diversion Programs may be a great option for you but never assume that you are eligible and never assume that a diversion program is your best option. Always talk to a qualified criminal defense lawyer!