If you have a pending criminal matter, you need to understand your legal options before moving forward. Depending on the facts of your case, you may be eligible for either a diversion program or a plea deal rather than taking your case to trial.
A knowledgeable criminal defense lawyer can help you better understand your options and then develop a strategy that helps you seek the most favorable outcome in your case. Reach out today to Joseph, Hollander & Craft to get started.
What Is a Diversion Program?
Diversion is an option in Kansas state and municipal courts that allows individuals who have committed a crime to avoid a conviction. It requires the agreement of the prosecutor and will only be available to individuals charged with certain crimes. Typically, it will not be an option for repeat offenders.
A typical diversion program works as follows. The defendant agrees that, if the case is taken to trial, the defendant will not challenge the factual allegations charged. However, rather than accepting a conviction, the defendant agrees to fulfill certain conditions and obligations (for example, substance use evaluation and treatment and/or abstinence from intoxicating substances) for a set period of time. If the defendant completes the diversion program successfully, the prosecutor will dismiss the criminal charge(s) with prejudice.
Are All First-Time Offenses Eligible for Diversion?
No. As a general rule, more serious charges are not eligible for diversion, even for a first-time offender. Offenses that likely will not be eligible for diversion include:
- Charges involving a firearm
- Sex crimes
- Crimes resulting in serious bodily injury
- Certain charges involving drugs
- Criminal enterprises
- Crimes in which the victim is a member of a vulnerable population
- Offenses that implicate breach of a fiduciary relationship
If you are unsure whether your charges allow you to enter into a diversion program, ask an Overland Park criminal defense lawyer.
How Diversion Decisions Are Made
A criminal defendant must understand that diversion is not a right; it is a privilege. The burden will be on the defendant to show that a diversion is in the public interest and does not pose an undue danger to the community. To that end, all of these factors will prove relevant in the prosecutor’s decision of whether to allow you to enter into a diversion program:
Whether the Defendant Accepts Their Guilt
In other words, will the defendant agree to be held accountable for their actions? Or does the person refuse to acknowledge that what they did was wrong?
Whether the Circumstances Should Permit a Plea Agreement
Even if the defendant is eligible for diversion, the prosecutor will still consider the nature of the alleged offense along with any aggravating or mitigating factors. This is a case-by-case consideration, and your lawyer will have to deal with the specific facts in your case to argue successfully for a diversion.
How the Diversion Will Impact the Defendant and the Community
The prosecutor will also evaluate whether the diversion is likely to benefit the accused, considering the person’s background and their likelihood of cooperation.
The Recommendations of Law Enforcement and Victims
To gauge the potential community impact of diversion, the prosecutor will consider the opinions of law enforcement officers and any victims. Depending on the prosecutor, these could weigh heavily in the ultimate decision.
What to Know About Plea Deals
As you weigh your options and how best to handle the criminal charges against you, a plea deal will naturally enter into the equation. A plea deal or plea bargain takes place when a defendant agrees to accept a conviction in exchange for some benefit, such as a charge of lesser severity, a dismissal of some charges, or a favorable sentencing recommendation.
Defense lawyers negotiate plea deals with the prosecutor. Once agreed, the agreement is presented to the judge. A judge ordinarily will not disrupt the modification of the severity level of a crime or the dismissal or substitution of charges. A judge is also likely to give favorable consideration to a sentencing agreement. But a judge is not required to accept any recommendation.
There are multiple types of plea deals you should discuss with your Overland Park criminal defense lawyer, such as:
- Charges: The accused may agree to a guilty plea for a lesser charge in exchange for the dismissal of the more serious ones.
- Count: When defendants face multiple counts of the same offense, they may plead guilty to fewer counts and avoid a more severe sentence.
- Sentence: A classic approach to plea bargaining is to seek an alternative sentence other than what could have resulted from the original charges.
- Facts: Defendants can also agree to accept certain facts as true and that they will not challenge the prosecution’s version of the relevant events.
Factors that Influence Plea Deals
Whether the prosecution will agree to consider a particular plea bargain depends on the unique facts of each case. All of these may influence the outcome of negotiations:
The Defendant’s Criminal History
A defendant who has little or no criminal record is more likely to fare better, in general, when it comes to plea bargains. Of course, the content of the accused’s record also makes a difference.
The Strength of the Evidence
Next, the prosecution will consider how strong a case it has. The defense lawyer will do the same. This makes sense because both sides of the case must weigh the benefits of a plea deal versus the risks of a jury trial. If the prosecution is not convinced they can prevail on the more serious charges, they may be more willing to make a deal.
The Views of the Victims
Victim input is essential to the plea bargaining process. Most prosecutors take pains to avoid unnecessarily offending victims or moving forward without seeking their opinions. However, they are also realistic and have to balance the concerns of victims with the reality of trial. If the prosecution thinks that a trial is too risky, they may move forward with the plea bargain anyway.
Talk to Our Criminal Defense Attorneys About What Is Right for You
You should consult with an experienced criminal defense attorney if you are facing charges. That’s where Joseph, Hollander & Craft come in. Let our experienced criminal defense attorneys partner with you to review the prosecution’s case against you, advise you of your choices moving forward, and then get to work fighting for your best interests.
Our reputation speaks for itself. Connect with us now to get started.
