The next part of the letter is the part that terrifies you: If you decide not to enter, the matter will be turned over to the Enforcement Division of the Board of Registered Nursing, which may result in your RN License being Revoked or Suspended.

Police may consider diverting a suspect when the offense is minor (e.g., a traffic violation) and the suspect is calm and deferential. If you’ve received this letter “offering” you participation in Diversion, you immediately know what I mean. You will admit that yes you had a DUI, a bout with depression or you take drugs. Another jail-diversion approach, release on recognizance (ROR), occurs after the suspect has been taken to the station house and booked. You get to keep working. Yet those programs are not without controversy.

If it is for a mental health issue, the BRN has to prove you have a problem that prevents you from practicing safely.

He is crabby and mean, but pretty harmless. Most nurses want to avoid the embarrassment of their employer finding out and think Diversion is the only way to keep it quiet, but let’s see if we can solve this mystery together as well, by looking at some of the clues.

Professor of Sociology/Criminal Justice, University of Scranton. Once complete, the domestic violence charge is dropped and the plea vacated. It may be an ineffective way for long-term criminal offenders.

Yes, your employer will know, but that just means dealing with the embarrassment of admitting you aren’t perfect. Diversion can also occur after formal admittance to the criminal justice system, even after conviction. In other cases the offender fails to abide by the requirements of diversion or is engaged in behaviour that is uncorrectable. Let me Scooby Doo this for you and solve the Diversion Program mystery: Diversion is voluntary. The Diversion Program’s biggest draw is that of “Confidentiality” and “Anonymity” and that part is semi-true. The misdemeanor would fall by the wayside, and it would only remain for you to be sentenced on the felony. Our editors will review what you’ve submitted and determine whether to revise the article. When a juvenile is facing a misdemeanor or a third-degree felony for a non-violent offense and has no prior convictions, they can be offered diversion as an alternative to the criminal justice system.

Omissions? Have you considered consulting with a criminal defense attorney about representing you in this matter? The cons of diversion are that diversion might be a way of promoting deterrence.

That you want to plead guilty anyway.

Updates? Community service requires the offender to work for a community agency. This video explains the pros and cons of a pretrial diversion program, sometimes known as pretrial intervention. Additionally, each county offers a slightly different set of diversionary programs. There are other options available. There is a VERY slim chance your license will be revoked or suspended if you don’t enroll in Diversion, but there is a 100% chance that YOUR LICENSE WILL BECOME INACTIVE IF YOU DO JOIN DIVERSION! How does a California Registered Nurse make an informed decision regarding whether or not to enter the BRN’s Diversion program, if it doesn’t sound like it is even an option?

Your email address will not be published. Once you have all the facts and have solved the mystery of the Diversion Program, Mr. Withers isn’t so scary, is he? There are other options available. The answer is no, it cannot.

A diversionary program usually means when you're done you do not have a criminal record when it's all over. There is a provision in the law for sealing of convictions less than misdemeanor, but misdemeanor and felony are not sealed, and certainly not expunged. There are certain circumstances where a client can plead to something without admitting the facts, which is very rare.
Copyright © 2018 Stephen Gustitis. Though you are not able to get felonies or misdemeanor convictions expunged in New York, you should still seek the legal assistance of an expungement attorney in Westchester County. An expungement attorney may be able to assist you with an alternative solution depending on your situation. Having your criminal record sealed can be extremely beneficial. What Are the Benefits of Diversion Programs?

Read more here. This publication and the information included in it are not intended to serve as a substitute for consultation with an attorney. Keep reading to find out what the pros and cons of this option are. info@gustitislaw.com

Once convicted the offender faces the bench for sentencing. Before accepting an offer of a diversion program, it is essential to talk about your options with a criminal defense lawyer in Florida like John Vernon Moore. If it is for a medication issue, the BRN has to prove you have a problem that prevents you from practicing safely. The defendant can then file a petition to expunge their record with the Florida Department of Law Enforcement. A Melbourne, Florida based personal injury, criminal defense, family law, real estate and homeowners association law firm serving Brevard County and surrounding communities such as Titusville, Cape Canaveral, Mims, Palm Bay, Cocoa, Viera, Suntree, Cocoa Beach, Indian Harbour Beach, Daytona Beach, Orlando, Sebastian, Vero Beach, Fort Pierce, Port St. Lucie, Satellite Beach, and Rockledge.
What are the Pros and Cons of the Diversion Program? Arrest gives the criminal justice system the ability to force the accused into a social-service program. If they can, see #3. may not be treated as confidential or protected information.

The most obvious benefit of diversion programs is that they avoid the expense and harshness of the full operation of the criminal law.

Usually, when someone enters a plea of guilty, the court will convict the defendant of a lesser crime. Interviewer: What are the benefits of diversion programs? So if the biggest benefit from entering Diversion is to avoid the issue becoming public, and it is going to be public anyway, or to keep your employer from knowing, and your employer is going to know anyway, what is the real benefit of Diversion? Jail-diversion programs typically have a very simple aim: to allow the offender to avoid confinement while awaiting trial. You get to keep working. Read more here. The Law Office of John Vernon Moore, P.A. Most nurses want to avoid the embarrassment of their employer finding out and think Diversion is the only way to keep it quiet. The 180 Program is a community partnership and pre-filing diversion program that seeks to keep juveniles out of the criminal justice system. The person requesting the sealing of their criminal record will also have to have been crime-free for ten years. One of the more common types of offense where diversion is offered is when the defendant is a juvenile under the age of 18. NO! For most felonies, the judge imposes a term of incarceration, but many offenders will not serve the full term. What the letter does not tell you is that once you make the phone call to Diversion to find out more, they’ve got you.

What Happens if You Don’t Enter Diversion? All rights reserved. I feel this program could be improved with a few changes. February 6, 2014 By Jennifer Coalson. Do not send any information without first speaking to one of our attorneys or agents and receiving confirmation that The Law Office of John Vernon Moore, P.A. Does this sound like the BRN is giving you a choice? Information sent prior to your receipt of confirmation of representation by The Law Office of John Vernon Moore, P.A.

Many of the people who are facing a criminal charge in Florida are ecstatic when they learn that they are eligible for diversion. That is the.

Both restitution and community service provide victims and the community with compensation, and they provide alternatives for judges that are somewhat less punitive and far less expensive than jail or prison time. Research indicates that such treatment can reduce substance abuse, criminal behaviour, and recidivism.

If they can, see #3. There is no expungement provision statute in New York. Diversion is possibly as old as the justice system itself. His videos cover a range of the best defense tactics and criminal defense strategies, including the advantages and disadvantages of a pretrial diversion program. How Involved Should the Client Be in Preparing the Defense? Let me Scooby Doo this for you and solve the Diversion Program mystery: Diversion is Voluntary. Newsletter Page. However, not everyone is eligible for a diversion program, and not every offense can be diverted out of court. Internet web site links are provided as a convenience to our visitors and are not an endorsement of these links. What Happens if You Don’t Enter Diversion? Contact In this video, criminal attorney Stephen Gustitis describes how a pretrial diversion program works in criminal pre-trial proceedings and how it can help and hurt a person charged with a crime. The Basics Facts of a Diversion Program. Interviewer: Now, if that’s completed, and every thing’s done the way it should be or ought to have been, would that individual be able to seal that particular felony?

Some may feel that if an offender is not incarcerated, then the punishment is not severe enough, and justice has not been served. Under this particular state law, if a person has a record that contains no more than two misdemeanor convictions, or one felony and one misdemeanor conviction, he or she can request the court to seal their criminal record. These programs are offered in courthouses throughout Ontario. Florida has numerous kinds of diversion programs, each of which is aimed to move your case out of the criminal justice system, and “divert” it into a more probationary system. If on the other hand, if you did not successfully complete that program then the felony would remain, which you’ve already plead guilty to. Diversion Programs are designed to remove a suspect from the criminal justice system without a criminal record.

A misdemeanor conviction you cannot expunge.


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