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Who Is Eligible For Diversion?

In Kentucky a first time offender for non-violent crimes may be eligible for entry into a Diversion Program. The requirements vary by county but generally are available for misdemeanors and non-violent class D Felonies. These crimes are generally possession of controlled substances, marijuana, minor theft offenses and possibly child support. Diversion is not automatic and a criminal defendant will not be eligible without the concurrence of the prosecutor. There is a requirement that the prosecutor agree with the proposed resolution to the matter. To that end, it is greatly beneficial to retain an attorney despite that you may believe you should be entitled to diversion. An experienced criminal defense attorney can walk a defendant through the process and use experience, knowledge and prior dealings to assure that the defendant gets the best deal possible. Successful completion of the diversion program generally allows for dismissal of the case and likely will result in the ability to expunge the charge from your record. If a defendant fails to complete diversion the consequences vary based on whether the case was a felony or a misdemeanor. In felony cases, a defendant must enter a "guilty" plea in order to be accepted. As such, a violation will place the defendant in jeopardy of institution of a prison sentence or termination from the diversion program. In misdemeanor cases, there is no plea and termination from the program will return the defendant to court where he may choose to plea or take the case to trial. If you have been charged with a crime and believe that you may be eligible for Diversion, contact an attorney to represent your interests. In Northern Kentucky, contact Michael W. Boudin at [email protected] or 859-581-MIKE (6453).

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