Legal Definitions - diversion

A diversion is a legal process where a defendant and prosecutor make a deal to interrupt a criminal case. The deal usually involves the prosecutor dismissing the charges or not bringing any charges against the defendant. In exchange, the defendant must complete a rehabilitation program and a period of probation. If the defendant successfully completes these requirements, they can avoid having a criminal conviction on their record.

For example, if someone is caught with drugs, they may be offered a diversion program instead of facing criminal charges. The program may involve drug treatment and regular drug testing. If the person successfully completes the program, the charges may be dismissed.

Each state has different factors that are considered when determining if a defendant qualifies for a diversion. These factors may include the defendant's ability for correction, the circumstances of the offense, the defendant's criminal record, social history, mental and physical health, and the deterrence value to the defendant and society.