Many criminal cases are concluded without a trial. A case may be disposed of without a trial through a plea agreement or diversion program.
Under a plea agreement, you agree to plead guilty or no contest to certain charges and the prosecutor agrees to ask the court to dismiss others. Sometimes a prosecutor may amend the complaint to a lesser charge or be more lenient on sentencing recommendations if you agree to plead guilty.
The prosecutor cannot initiate plea negotiations. The prosecutor has no obligation to discuss or negotiate your case. In plea negotiations, a prosecutor will consider the effect of the criminal offense on the victim, your criminal history, and the seriousness of the crime.
Please remember that a plea agreement is made with the prosecutor. The judge is not bound by the plea negotiations and may reject any agreements.
Another type of plea agreement is called diversion. In some cases a prosecutor, if you are qualified and apply, may place you in a diversion program instead of proceeding with a trial.
In diversion, you enter into a contract to comply with certain conditions and agree to be supervised by a probation officer for a period of time (usually a year). Other conditions of diversion may include attending classes, counseling, restitution, or a no-contact order with the victim(s).
When entering into a diversion contract, there may be a fee from $200 to $1,000, depending on the nature of the charges. Any evaluation, education, or treatment programs required as a part of the agreement will be at your own expense, but some may be included in the diversion fee. You will not be allowed to consume alcohol or drugs while on diversion and will be required to submit to testing.
By agreeing to the conditions of diversion, you give up the right to a speedy trial, the right to confront witnesses, and the right to present evidence. However, if you successfully complete all of the conditions in the agreement, the charges against you will be dismissed. If you fail to comply with a condition, the diversion agreement may be terminated, the charges against you immediately reinstated, and a trial will be held on the police reports alone.
Diversion is only for first time offenders and those who do not appear likely to engage in further criminal conduct.
Remember: plea agreements and diversion are done solely at the discretion of the prosecutor. Both are a privilege, not a right.
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