With the agreement of the district attorney, your attorney may be able to assist you in in obtaining a diversion agreement, which can lead to even felony-level charges being dismissed. The following attorney-reviewed summary is simplified, please consult an attorney for full details and to see if this type of program is possible in your jurisdiction and for your type of case.
What is (non-DUII) Diversion under ORS 135.886 etc?
Diversion is a program where, instead of going to trial for a crime, a person agrees to follow certain rules set by the district attorney (the lawyer who represents the government in court cases). If they follow these rules, they might not have to go to trial.
Who Can Get Diversion?
Not everyone can get diversion. Hereās what the district attorney thinks about before offering it:
- The Crime: The crime shouldnāt have hurt anyone physically (except in special cases).
- The Person: Things like if itās their first time getting in trouble or if they have any special problems.
- First-Time Offender: If the person has done diversion before, they usually canāt do it again.
- Treatment: If the person will likely do well in a treatment program instead of going to court.
- Program Fit: If the program is right for what the person needs.
- Community Impact: How diversion will affect the community.
- Police Recommendation: What the police think about it.
- Victimās Opinion: What the person who was hurt (the victim) thinks.
- Restitution: If the person will pay back anyone they hurt.
- Special Reasons: Any other reasons why the person might deserve diversion.
Special Rules for Servicemembers
If the person has served in the military, the district attorney still looks at the same things, but some additional types of cases may qualify. Still, they canāt get diversion if:
- They hurt someone badly.
- They did a very serious crime (like a Class A or B felony) and hurt someone.
- They did certain specific crimes (like kidnapping or sexual abuse).
- They hurt someone in their family while a court order was telling them not to contact that person.
Definitions
- Physical Injury: A harm to someoneās body.
- Serious Physical Injury: Very serious harm to someoneās body that is very painful or long lasting.
- Protective Order: A court order that tells someone not to contact or hurt another person.
So, in simple terms, diversion is a chance for some people to get their case permanently dismissed if they agree to follow certain rules. The district attorney decides if they qualify by looking at the crime, the person, and how it affects everyone involved.