Diversionby Kansas Criminal Defense Lawyer, Vincent Rivera
when a case settles it's either going to get settled through a
plea agreement or through diversion
Diversion is designed for first-time offenders and it helps keep them the conviction off of your record.
so what the difference between diversion and probation is is that probation is after conviction.
in other words a judge finds you guilty then he sentences you to probation as opposed to diversion.
Diversion is an agreement between us and the prosecutor that essentially says "hey, as long as you do everything you're supposed to during this time we will dismiss the case when you're done."
Does it sound too good to be true? Because there is a catch and the catch is that
you're giving up your rights when you go on diversion.
First off, we are waiving our right to have a jury trial.
we're waiving your right to contest this in any way shape or form so that would mean no motions to suppress, no motions to dismiss and you have to submit a written confession.
The idea is that again you do everything you're supposed to during this period of time. The case is dismissed at the end but if you mess up while you're on diversion. Now we have agreed to use the police reports, your confession and hand those over to the judge. The judge will find you guilty hence a slam dunk conviction on you, if you violate diversion.
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