If you have no prior criminal history and have been charged with a low-level criminal offence, your lawyer may be able to negotiate with the Police Informant or Prosecutor at court for a Diversion Hearing.
Getting Diversion can present with some hurdles and only the best criminal lawyer will know how to navigate them. You must first be ‘recommended’ for diversion by the police officer who charged you. Sometimes this can be done via their own recommendation, and sometimes your lawyer is required to negotiate with them in order to get their recommendation. If there is a victim in your case, sometimes they will be consulted by the informant too.
If successful, the police officer with provide your lawyer and the Court with a Diversion notice ahead of your court date. Your diversion notice may contain some recommended conditions, such as to make a charitable donation, or to write a letter of apology to the victim.
On the day of court, you will participate in a Diversion interview with the court’s appointed Diversion coordinator. The best criminal lawyer will ensure that you are properly prepared for this interview and make arrangements for supporting materials to be presented. The diversion coordinator will then provide the Magistrate with your paperwork, who makes a determination as to whether they will grant you diversion.
If granted, you will then be brought into court to be formally placed on a diversion plan. The ultimate duration and conditions attached to your plan is up to the Magistrate. A core condition in all diversion pans however, is to remain of good behaviour for the operational period of the order. If you are charged with any offences during the operational period, or fail to complete any of the other conditions, you will be required to return to court and you will have lost your opportunity at diversion.
The best criminal lawyers will always consider requesting a Diversion of the criminal charge in the appropriate circumstances.
CASE STUDY – DIVERSION
We recently had a client charged after an incident involving a cyclist whilst driving his motor vehicle. The cyclist had banged the side of his truck as he passed, it was alleged that our client then swerved into the cyclist’s path.
Our client was charged with Reckless Conduct placing a person in danger of Serious Injury, Drive Motor vehicle in a Manner Dangerous and Unlawful Assault.
The best criminal lawyer will obtain all the relevant statements and consider the evidence that may support the allegations. After taking instructions, attending the location of the incident to determine factual issues and reviewing the statements of witnesses, negotiations took place with the Informant and the Prosecutor regarding the appropriate charge. The matter was resolved, and it was agreed that the Unlawful Assault charge would only proceed. Other charges were withdrawn.
The client was accepted as being a suitable person for a Diversion and thus had the matter finalized and retained an unblemished history with no criminal conviction or finding of guilt recorded.
Slades and Parsons solicitors have Accredited Criminal Law Specialists, the best criminal lawyers to resolve your criminal case and will fight for to obtain the best outcome for our clients.