Judicial Diversion: What Is It and How Do I Get It?
If you or a loved one is facing criminal charges in Orange County, you may have heard of judicial diversion or alternative sentencing as a potential option. Judicial diversion, also known as diversion to treatment court, is a program that allows individuals charged with certain crimes to receive treatment for underlying issues, such as substance abuse or mental health disorders, instead of traditional criminal penalties like prison. In this post, we’ll explore what judicial diversion is, how it works, and how you can qualify for it. If you or a loved one has been charged with drug crimes or other offenses in the Hudson Valley, contact Dupée & Monroe, P.C., for practical advice and zealous representation from a skilled and experienced Goshen criminal defense lawyer.
What Is Judicial Diversion?
Judicial diversion is a court-supervised program designed to address the root causes of criminal behavior by providing individuals with the opportunity to undergo treatment and counseling. The goal of judicial diversion is to reduce recidivism rates and help individuals overcome their challenges so they can lead productive lives.
How Does Judicial Diversion Work?
To be eligible for judicial diversion, you must meet certain criteria, which can vary depending on the jurisdiction and the specific program. In New York, the judicial diversion program is governed by Article 216 of the Criminal Procedure Law. Specifically, sections 216.00 and 216.05 outline the eligibility requirements, procedures, and conditions for participation in the program. The statutes provide details on the types of offenses that may qualify for judicial diversion, the treatment and counseling programs that may be required, and the monitoring and supervision process. Additionally, case law and local court rules may also impact the implementation of the judicial diversion program in specific jurisdictions. Generally, to qualify for judicial diversion, you must:
- Be charged with a non-violent offense
- Have a substance abuse or mental health disorder that contributed to the offense
- Be willing to participate in treatment and counseling programs
- Not have a prior conviction for a violent felony within the past ten years
If you meet the eligibility criteria, your attorney can request that you be considered for judicial diversion. The judge will then decide whether to approve your participation in the program.
If you are accepted into the judicial diversion program, you will be required to complete a treatment plan tailored to your specific needs. This may include substance abuse treatment, mental health counseling, vocational training, or other programs designed to address the underlying issues that led to your criminal behavior.
How Can I Get Judicial Diversion?
If you believe you may qualify for judicial diversion, it’s important to speak with an experienced criminal defense attorney as soon as possible. Your attorney can review your case, assess your eligibility for the program, and help you navigate the judicial process.
To increase your chances of being accepted into the judicial diversion program, it’s important to demonstrate to the court that you are committed to addressing your underlying issues and making positive changes in your life. This may include attending counseling sessions, participating in treatment programs, and following the recommendations of your treatment providers.
While often an excellent option when you have been charged with certain felonies, agreeing to diversion also affects your rights, further making it imperative to review your options with an experienced lawyer before seeking or agreeing to diversion. It might not be the best choice in every case depending on the circumstances.
Contact Dupée & Monroe, P.C., for Help With Criminal Charges in Orange Couty
Judicial diversion can be a lifeline for individuals facing felony criminal charges who are struggling with substance abuse or mental health disorders. To discuss whether you may qualify for judicial diversion and if it’s right for you, call Dupée & Monroe, P.C., at 845-294-8900 to speak with an experienced criminal defense attorney who can help you understand your options and guide you through the process. By taking proactive steps to address your underlying issues, you can increase your chances of a positive outcome and a brighter future.
