Facing felony charges in Maricopa County can feel intimidating, but if you’re a first-time felony offender, you may have an alternative path that doesn’t lead to a permanent criminal conviction. The Felony Diversion Program offers eligible defendants a chance to avoid the long-term consequences of a felony record by completing specific court-supervised conditions rather than going through traditional prosecution.
What Is The Felony Diversion Program?
The Felony Diversion Program in Maricopa County is a court-supervised alternative to traditional prosecution that allows eligible first-time felony defendants to avoid conviction by completing specific conditions such as counseling, education programs, community service or treatment. This program operates under the authority of the Maricopa County Attorney’s Office, with the Deputy County Attorney solely responsible for referring offenders to the Felony Diversion Program.
The Felony Diversion Program in Maricopa County represents an alternative approach to handling certain felony cases. Rather than focusing solely on punishment, the program addresses underlying issues that may have contributed to criminal behavior through evidence-based systems of care. This method reflects the County Attorney’s Office’s philosophy of addressing underlying issues such as substance use disorders or mental health conditions while still holding individuals accountable for criminal conduct. This approach benefits both defendants and the community. Participants get a second chance to avoid the devastating long-term consequences of a felony conviction, while the county preserves prosecutorial resources and reduces recidivism rates. The program operates on evidence-based principles, using assessment tools to match participants with appropriate interventions rather than applying a one-size-fits-all approach.
Eligibility Requirements For Felony Diversion
Not everyone charged with a felony can participate in the program. The Maricopa County Attorney’s Office carefully evaluates both the offense and the offender to determine suitability. Key eligibility factors include:
- Minimal criminal history — You must be a first-time felony defendant without an established pattern of criminal behavior.
- Qualifying offense types — Controlled substance possession and other specific offenses designated by the County Attorney’s Office (violent felonies, sex crimes and other serious offenses typically don’t qualify).
- Underlying circumstances — Cases involving substance use or mental health issues that could be addressed through treatment rather than incarceration.
- Community ties — Factors such as age, residency status and connections to the local community.
- Victim considerations — Input from victims involved in your case may influence the decision.
The Deputy County Attorney has discretion in making these determinations, weighing multiple factors beyond just the technical eligibility requirements. Even if you meet the basic criteria, acceptance isn’t guaranteed — the program maintains selective admission to ensure resources go to those most likely to benefit from the intervention.
The Application Process
You can’t simply apply for diversion on your own. The Deputy County Attorney is solely responsible for referring offenders to the Felony Diversion Program based on eligibility criteria. Your Phoenix criminal defense attorney will need to present a compelling case for why you’re a good candidate for diversion. This includes gathering documentation about your background, employment history, family circumstances and any underlying issues like substance abuse or mental health conditions. Character references, employment records and evidence of community ties can significantly strengthen your application.
The prosecution reviews your criminal history, the specific circumstances of your case and your personal background before making a decision. They may also consult with victims or law enforcement officers involved in your case. This review process typically takes several weeks, during which your regular criminal case remains on hold.
If the prosecution agrees to diversion, you’ll need to accept the program conditions and comply with the requirements as determined by the Deputy County Attorney. Should your application be denied, your criminal case proceeds through the normal court process. You maintain all your rights to defend against the charges, and the fact that you sought diversion can’t be used against you at trial.
Program Requirements And Conditions
Once accepted into the program, you’ll undergo a comprehensive assessment to determine your specific needs and risk factors. This evaluation examines areas like substance use, mental health, education, employment and family relationships. Based on these results, program staff develop an individualized treatment plan with specific requirements that typically include:
- Cognitive-behavioral group counseling — Weekly sessions addressing thinking patterns that contribute to criminal behavior, focusing on problem-solving skills, impulse control and stress management.
- Individual counseling — One-on-one therapy for specific mental health needs or trauma history when required.
- Case management services — Coordination of various requirements and connection to community resources for housing, employment or educational assistance.
- Drug testing — Random testing to ensure sobriety throughout the program, required for most participants regardless of charge type.
- Community service — Meaningful volunteer hours giving back to the community, with the number varying based on your offense and circumstances.
- Employment or education maintenance — Demonstration of commitment to being a productive community member through work or school enrollment.
- Restitution payments — If applicable to the case, restitution is mandatory, capped at $2,000, with 50% of the balance due within the first 30 days of starting the program and the remainder paid in equal installment payments with a due date determined by the contractor.
These requirements work together to address underlying issues while ensuring accountability to the community. Referred offenders are assessed and placed into a track depending on the overall risk to reoffend and the specific criminogenic needs to be addressed, with each track providing a unique evidence-based curriculum appropriate to the individual’s situation.
Completing The Program Successfully
The Felony Diversion Program involves a suspension of prosecution for two years to allow for completion of the program requirements. You’ll have regular check-ins with program supervisors who monitor your compliance and provide support when you’re struggling with requirements.
Successful completion means fulfilling every condition in your agreement within the specified timeframe. This includes attending all required sessions, completing community service hours, maintaining employment or education, staying arrest-free and passing all drug tests. You’ll also need to demonstrate genuine engagement with the process rather than just going through the motions.
The program recognizes that change is difficult, so minor setbacks don’t automatically result in termination. If you miss a counseling session due to work conflicts or have other compliance issues, program staff will work with you to get back on track. However, serious violations like new arrests, repeated positive drug tests or complete disengagement can lead to removal from the program.
When you successfully complete all requirements, the County Attorney’s Office dismisses your felony charges. This dismissal means you won’t have a felony conviction on your record, preserving your opportunities for employment, housing, professional licensing and other aspects of life that are typically impacted by a felony conviction.
Benefits Of Participating In Felony Diversion
The decision to participate in the Felony Diversion Program offers several significant advantages that extend well beyond avoiding immediate criminal penalties:
- Avoiding a permanent felony conviction — Preserves opportunities for employment, housing, professional licensing, educational advancement and voting rights that felony convictions typically eliminate.
- Personal growth and development — Counseling and education components help participants learn new coping skills, address substance abuse issues and develop better decision-making abilities that create lasting positive change.
- Cost-effectiveness — Program participation provides an alternative to traditional prosecution and potential incarceration, which may have different financial implications for participants.
- Life stability maintenance — Allows you to continue working, caring for family members and meeting other responsibilities rather than facing the disruption of incarceration.
- Access to ongoing support systems — Connects you with resources and support networks that continue to benefit you long after program completion.
These benefits create both immediate relief from criminal prosecution and long-term positive outcomes for participants who successfully engage with the program requirements. The comprehensive approach addresses root causes of criminal behavior while maintaining the support systems necessary for lasting change.
Potential Drawbacks And Considerations
Diversion isn’t right for everyone, and you should carefully consider the demands before accepting. The program requires significant time commitments for counseling sessions, community service and check-ins that can interfere with work and family obligations. Some participants find the requirements more burdensome than they initially expected.
Participation in the program requires meeting eligibility criteria and following requirements as determined by the Deputy County Attorney. If you fail to complete the program successfully, you’ll face prosecution on the original charges, with the added disadvantage of having already acknowledged that the prosecution could prove its case. This makes defending against the charges more challenging and can limit your negotiating position with prosecutors.
The program includes requirements such as restitution payments (if applicable to the case) and random drug testing, which may involve financial obligations for participants.
Working With Legal Representation
Having experienced legal representation is vital throughout the diversion process. For additional expertise, consider consulting with a Phoenix criminal defense lawyer who specializes in cases like this and understands local court procedures.
An attorney can evaluate whether diversion is truly in your best interests compared to other defense strategies. Sometimes fighting the charges directly might result in better outcomes than accepting diversion conditions.
Your lawyer plays a vital role in the process, presenting your case to prosecutors in the most favorable light and negotiating reasonable program terms. They can help ensure you understand exactly what you’re agreeing to and the consequences of both successful completion and program failure.
If compliance issues arise during the program, your attorney can advocate for you with program staff and prosecutors. Sometimes what appears to be a serious violation can be resolved through legal intervention, keeping you in the program rather than facing prosecution on the original charges.
Throughout the process, your attorney protects your rights and ensures all legal requirements are properly met. They can also advise you if circumstances change and diversion no longer seems like the best option, though withdrawing from the program after acceptance can be complicated.
The Maricopa County Felony Diversion Program offers a valuable opportunity for eligible first-time offenders to avoid the lasting consequences of a felony conviction while addressing underlying issues that contributed to their legal troubles. Understanding how the program works and working with qualified legal counsel gives you the best chance of successfully navigating this alternative path to traditional prosecution.
Do You Need to Speak with a DUI Defense Lawyer?
If you are someone you love is facing a DUI charge, contact the DUI attorneys at Salwin Law Group. Stewart Salwin is a former prosecutor who now dedicates his practice to helping clients facing DUI and other related charges. He has the knowledge and experience to identify the strengths and weaknesses in the case against you. If you are facing DUI charges in Arizona, call Salwin Law Group today at (480) 702-1789 or fill out a short contact form on our website for a free consultation to discuss your case and how we can help.
Stewart Salwin
Stewart Salwin is the founder and lead attorney at Salwin Law Group, a Scottsdale criminal defense law firm based in the greater Phoenix area. His practice is primarily dedicated DUI-defense work. He is a graduate of Georgetown University and Harvard Law School, where he was taught criminal law by world-renowned defense attorneys.
Rate this Post
Loading...