Difference between Diversion and Probation/Parole

by Kansas Criminal Defense Lawyer, Vincent Rivera

When a case settles, it's either settled through a plea agreement or diversion.

Diversion is designed for first-time offenders, and it helps keep the conviction off your record.

The difference between diversion and probation is that probation is after conviction, and diversion is before 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. It essentially says, "As long as you do everything you're supposed to on diversion, we will dismiss the case when you're done."

Does it sound too good to be true? There is a catch, and the catch is that you’re waving all rights to contest the case when you go on diversion.

First off, we are waiving our right to have a jury trial.

We're waiving your right to contest the case, in any way, shape, or form, meaning no motions to suppress, no motions to dismiss, no self-defense, and you have to submit a written confession.

The idea is that if you do everything you're supposed to during this period of time. The case is dismissed at the end. If you mess up while you're on diversion, we have agreed to use the police reports and your confession, and hand those over to the judge. The judge will find you guilty; hence, a slam dunk conviction against you, if you violate diversion.

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