Introduction
The criminal system can feel like an unforgiving machine, but not every case has to end in a conviction. In some situations, defendants may be eligible for a diversion program—a path that, if successfully completed, allows them to avoid a criminal conviction altogether.
But how do these programs work? Who qualifies? And is diversion the right option for you? Let’s break it down.
(Disclaimer: This post is for informational purposes only and does not constitute legal advice. If you are facing criminal charges, consult an attorney to discuss your specific situation.)
What Is a Diversion Program?
In Arizona, a diversion program is a prosecutor-created alternative to traditional prosecution that allows a person charged with a crime to complete certain requirements in exchange for having their charges dismissed. These programs are designed with rehabilitation in mind—rather than punishing a person with a conviction, diversion focuses on addressing the underlying issues that may have led to the offense.
How it works:
• The prosecuting agency (not the judge) determines whether to offer diversion in a case.
• The defendant must complete specific requirements, such as counseling, community service, restitution, or drug/alcohol testing.
• If the defendant successfully completes the program, the charges are dismissed.
• If they fail to meet the conditions, their case proceeds, often putting them in a worse position than before.
Who Is Eligible for Diversion in Arizona?
Eligibility for diversion is entirely up to the prosecuting agency, meaning that different agencies will have different rules. In general, diversion is most commonly offered in cases where the crime is seen as a symptom of a larger issue, such as:
- Substance abuse-related offenses (e.g., simple drug possession)
- Anger management-related offenses (e.g., minor domestic violence cases)
- Shoplifting or property crimes (e.g., first-time theft cases)
In felony cases, diversion is much rarer. While it does exist—most commonly in drug possession cases—prosecutors are generally more reluctant to offer it for more serious crimes. However, a skilled defense attorney can sometimes negotiate diversion in unique circumstances.
Post-Plea vs. Pre-Plea Diversion: What’s the Difference?
Not all diversion programs work the same way. Some require a defendant to plead guilty before entering, while others do not:
Post-Plea Diversion (e.g., Tucson City Court)
• The defendant pleads guilty before entering the program.
• If they successfully complete it, the conviction is dismissed.
• If they fail, the guilty plea remains, and they proceed to sentencing.
Pre-Plea Diversion (e.g., Pima County Attorney’s Office)
• The defendant does not enter a guilty plea but signs a written admission of guilt.
• If they complete the program, the case is dismissed before any conviction occurs.
• If they fail, the prosecution can use the signed statement against them in trial.
The key takeaway? Failing a diversion program can be as bad as losing a trial, so it’s critical to be certain that you can meet the program’s requirements before agreeing to enter it.
Is Diversion Always the Right Choice?
While diversion sounds like a great alternative to a conviction, it isn’t always the best option. Some reasons to reject a diversion offer include:
You believe you are innocent.
If you truly did not commit the crime, you may not be comfortable admitting guilt or entering a program designed for offenders.
You’re prepared to fight your case at trial.
If your attorney believes you have a strong defense, going to trial may offer a better outcome than diversion.
You can’t meet the program’s requirements.
Some diversion programs are demanding, requiring time, money, and compliance with strict rules. If there’s a risk of failing, taking a plea deal or going to trial might be a safer option.
A good defense attorney will evaluate both the risks and the benefits of diversion in your specific case and help you decide whether it’s truly in your best interest.
Can a Defense Attorney Get You Into Diversion?
Sometimes. While diversion eligibility is determined by the prosecution, defense attorneys can present compelling reasons why their clients should be considered for the program.
Factors that may persuade the prosecution to offer diversion:
• The defendant has taken steps toward rehabilitation (e.g., completing therapy or drug treatment on their own).
• A conviction would result in extreme hardship (e.g., loss of professional licensure or security clearance).
• The defendant provides a valuable service to the community, making a conviction overly punitive.
Having an attorney who understands how to negotiate for diversion—and who knows what factors prosecutors consider when making these decisions—can make a huge difference in your case.
Conclusion: Is Diversion Right for You?
Diversion programs can be a second chance, but they are not a free pass. They require commitment, and failing to complete them can put a defendant in a worse position than before.
If you are facing criminal charges in Arizona, you need a defense attorney who can assess whether diversion is the right choice for you—or whether a different strategy would serve you better.
Contact my office today to discuss your case and explore your options. Whether it’s diversion, negotiation, or trial, I’ll fight to protect your future.
