PRE-TRIAL DIVERSION

The pre-trial diversion program provides an excellent opportunity to keep a conviction off of a defendant's record in cases in which the defendant is guilty and the prosecutor can prove it. Since job applicants are often asked if they ever participated in a pre-trial diversion program, it may be in a defendant's best interests to seek acquittal or dismissal of charges if he or she is not guilty, or if the prosecutor does not have substantial evidence of guilt. Questions to ask include: Were you in a public place or place of public resort? Was the search constitutionally permissible. If in doubt, contact a criminal defense attorney.