If you have been charged with a crime in Oregon, you may have the option to enter into a diversion agreement. This article will discuss what a diversion agreement is, how it works, and who is eligible.
What is a diversion agreement?
A diversion agreement is a legal agreement between a defendant and the prosecutor that allows the defendant to avoid a criminal conviction. Instead of going to trial or pleading guilty, the defendant agrees to complete certain requirements, such as community service, drug or alcohol treatment, or restitution, in exchange for having the charges dismissed.
How does a diversion agreement work?
The terms of a diversion agreement are unique to each case and are set by the prosecutor. The defendant must agree to the terms in writing before any action can be taken. Once the agreement is signed, the defendant is placed on probation for a certain period of time, during which they must complete the requirements set forth in the agreement. If the defendant successfully completes the requirements, the charges are dismissed and the case is closed. If the defendant fails to comply with the agreement, they may be subject to a trial or plea deal.
Who is eligible for a diversion agreement?
Not everyone charged with a crime is eligible for a diversion agreement. The prosecutor has discretion to decide which cases are appropriate for diversion. Typically, diversion agreements are offered to first-time offenders or those charged with less serious offenses, such as misdemeanor drug possession, theft, or trespassing. Additionally, the defendant must not have a prior criminal record, and the offense must not have involved violence or a victim.
Why choose a diversion agreement?
There are several reasons why a defendant might choose to enter into a diversion agreement. First and foremost, a diversion agreement allows the defendant to avoid a criminal conviction, which can have serious consequences, such as difficulty finding employment or obtaining a professional license. Additionally, completing the requirements of a diversion agreement may help the defendant address any underlying issues, such as substance abuse, and lead to positive changes in their life.
In conclusion, a diversion agreement can be a beneficial option for those facing criminal charges in Oregon. If you have been charged with a crime, it is important to speak with an experienced criminal defense attorney to determine if a diversion agreement is a viable option for your case.
