Featured News 2014 Pretrial Diversion, Mediation, or Treatment: Ways You Could Avoid a Criminal Conviction

Pretrial Diversion, Mediation, or Treatment: Ways You Could Avoid a Criminal Conviction

Especially with first-time charges, some people think that pleading guilty will help them to evade the prospect of a long jail or prison sentence, and to get them moving on with their lives. Unfortunately, having a conviction on your record is often the worst penalty there is. Even if the conviction can be expunged down the road, it can adversely affect your future, as this record is public. This record could interfere with your every application, anything from an application for a home loan to an application for financial aid for school. And it is not as if finding a job today needs to be made any harder by being branded as a convicted criminal. No, there are ways to avoid a conviction and the criminal record that comes with it. These can vary according to state law, so it is in your best interests to consult with a skilled criminal defense attorney as soon as possible. For now, here are a few possible positive outcomes for a criminal charge.

Pretrial Diversion: No Trial, Conviction, or Arrest Record

This can be an option with misdemeanor and even some felony charges, when the charge is not for a violent offense. Let's say for example, that you are charged with theft, and you want to avoid a trial and a conviction. For diversion to be an option, you would have to be prepared to enter a guilty plea. Then a court will retain this plea but will not move forward with your case, allowing you to go through diversion. This will be much like going on probation, and you might be required to pay restitution, complete an educational program, and put in hours of community service, etc. Once all this has been accomplished, your charge will be dismissed, and even your arrest will be wiped clean from your record. Not only would you have avoided a criminal trial, but you would have no conviction or arrest record that the public could see.

Private Complaint Mediation

Depending on where you live, you might be able to go through a different program that will take your case out of a criminal trial and move it into mediation. This could be an option if a private citizen has filed a misdemeanor charge against you. So if you were charged with trespassing by your neighbor, you might be able to have a mediator involved in your case instead of a judge. The mediator could help you and your neighbor reach a settlement, getting your criminal charge dismissed. You would not have to go to trial. If your charge was filed by a police officer, however, then this will probably not be an option. There is the outside chance that you could go through this program if you are not eligible for diversion though.

Treatment for Nonviolent Offenses Related to Drugs or Alcohol

Again, this will depend on the jurisdiction, but certain offenses could lead to a treatment program instead of a criminal trial. We could take Ohio, for instance, which has an "intervention in lieu of conviction" (ILC) program. Even some felony charges could qualify for this intervention, but again, only certain cases would qualify. Someone charged with trafficking drugs would not be eligible, nor would someone who was charged with OVI, or drunk driving. On the other hand, a drug possession charge is not the only offense that qualifies; a charge could simply be related to substance abuse. The intervention program resembles diversion. You would have to enter a guilty plea, complete treatment, and undergo regular testing to see that you are complying with the terms of the program. Once all the requirements for intervention have been met, your charge would be dismissed, and even the record of your arrest would be removed from the public record.

If you or someone you know faces criminal charges, you do not want to plead guilty before you know all your options. Every state and court will have different rules on how your case could proceed, so when you speak with a local attorney, you can know if there are ways for you to avoid the potentially life-long damage of a criminal record. This is also not a time when you can afford to be with inexperienced legal counsel. You can find a qualified criminal defense attorney on this directory. As time is of the essence in any criminal case, do not hesitate to contact a criminal defense lawyer today!

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