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Connecticut Diversionary Program Attorney

An arrest does not necessarily mean that you must go to trial or negotiate a plea. Depending on the facts of your case, you may be eligible for one of the various diversionary programs available to defendants for specific types of crimes or underlying reasons for committing a crime.

Kevin M. Black Sr.

If you or someone you love has been arrested, and you’ve spoken with other friends or family about it, they may have asked you whether there might be “a program” available to you. What they are really asking about is whether any of the pretrial diversionary programs in Connecticut might apply to your case.

Regardless of whether you are facing felony or misdemeanor charges, you might be eligible for a diversionary program. Call the team at Black’s Law Group today about your case for a free consultation. Until then, here is some general information about diversionary programs in Connecticut.

What is a Diversionary Program?

A diversionary program is an alternative to a traditional prosecution. In a traditional prosecution, you must either negotiate some form of a plea resulting in a conviction or instead go to trial. The legislature, recognizing that not all criminal cases should be handled like a traditional prosecution, developed various programs to address certain types of criminal activity and the circumstances surrounding it. These programs, if completed successfully, do not require an admission of guilt and will result in the charges against a person being dismissed. They typically involve some form of treatment to address underlying circumstances leading to an arrest and a condition that the person not get arrested again.

These diversion programs are designed for people charged with non-serious crimes or those dealing with personal challenges like mental health issues or substance abuse. Connecticut’s criminal justice system offers these options to help people avoid a permanent criminal record when the circumstances support it.

Each program has its own eligibility criteria. Things like prior convictions, the serious nature of the offense, and whether you have previously participated in a similar program all play a role. A Connecticut criminal defense attorney can review your case and tell you which options may apply.

What Are Some of the Diversionary Programs in Connecticut?

Connecticut offers several pretrial diversion programs. Here is a brief look at each one:

Each of these pretrial diversionary programs targets a different set of criminal offenses and circumstances. Some focus on family violence crimes, while others address substance abuse or mental health conditions. Understanding which program fits your situation is something an experienced attorney can help you figure out.

Understanding Specific Programs

The Accelerated Rehabilitation Program is often used for first-time offenders charged with less serious offenses. It gives eligible defendants a chance to complete the program over up to two years and have their charges dismissed. You cannot have prior convictions for most offenses to qualify, and the charge cannot involve things like a class A or class B felony, child pornography, or the illegal sale of drugs.

The Family Violence Education Program is aimed at defendants charged with family violence crimes. This pretrial family violence education program is supervised by the court support services division (CSSD) and typically involves counseling and education. Charges involving serious physical injury or physical violence with a weapon may not qualify. If you successfully complete it, your charges can be dismissed.

The Pretrial Drug Education Program and the pretrial alcohol education program address drug education and alcohol-related offenses, respectively. The drug education and community service program combines education and community service hours. These programs often include an alcohol education program or substance abuse treatment program component and may involve referrals to addiction services or health and addiction services.

Connecticut’s Supervised Diversionary Program

Connecticut’s Supervised Diversionary Program is designed for people with a qualifying psychiatric disability or a treatable mental health condition. If a person’s mental or emotional condition played a role in the offense, this pretrial supervised diversionary program may be the right fit. It is handled through the support services division, CSSD, and is overseen by Adult Probation.

To qualify, a defendant must have a mental or emotional disability or psychiatric disability that had substantial adverse effects on their behavior. The court will determine if the charge is of a serious nature that would make someone ineligible. If approved, the person follows a tailored treatment plan and works toward successful completion of the Supervised Diversionary Program.

This program typically runs up to two years. During that time, the defendant must follow their treatment plan, stay out of trouble, and meet regularly with their supervisor. If they successfully complete the program, the criminal charges are dismissed, and there is no criminal conviction on their record.

Frequently Asked Questions

What happens if I do not complete a diversion program?

If you do not meet the program’s requirements or fail to complete the program, your case goes back to the regular court process. You will not be able to use that pretrial diversion option again for the same charge. The prosecution can then move forward, and you may face the original penalties, including the possibility of a criminal conviction.

Can I use a diversion program if I have prior convictions?

It depends on the specific program and the nature of your prior convictions. Some diversion programs bar participation if you have previously participated in that same program before or if your record includes serious offenses. Others look at each case on its own. A criminal defense attorney can review your history and tell you which programs may still be open to you.

Do diversion programs require a guilty plea?

No. One of the biggest benefits of pretrial diversionary programs is that you do not have to plead guilty to participate. You are essentially placed in the program before a verdict is reached. If you successfully complete it, your charges are dismissed. You avoid both a trial and a permanent mark on your record.

What is the difference between a motor vehicle diversion and other programs?

A motor vehicle diversion program applies to people charged with a motor vehicle violation. These are separate from programs dealing with family violence or mental health issues. The pretrial diversion process for motor vehicle offenses often involves traffic safety programs or a community service program rather than counseling or a substance abuse treatment program.

Will a diversion program show up on my record?

Participation in a pretrial diversionary program is noted in court records, but if you successfully complete the program, the charges are dismissed, and there is no criminal conviction. However, the arrest itself may still appear in certain background checks. Talking to a Connecticut criminal defense attorney about your specific situation is the best way to understand what will and will not appear on your criminal record.

Hire a Connecticut Diversionary Program Attorney Today

Whether you or a loved one is facing felony or misdemeanor charges, hiring an experienced attorney to guide you through the process early can save you time, stress, and money. You want to hire the experienced and creative attorneys who understand that the facts are not always black and white. Call the team at Black’s Law Group today for your free consultation and to see how we might be able to help guide your case to an appropriate diversionary program.

Our law office offers a free consultation to review your case and explain your options. If you are dealing with mental health and addiction challenges, family violence charges, or other criminal offenses, there may be a pretrial diversion path that fits your situation. Our team is here to help you understand the criminal justice system and what it takes to complete the program successfully.

As your Connecticut diversionary program attorney, we will be with you at every step. We have helped many clients work through Connecticut criminal defense cases and reach a point of successful completion that allowed them to move forward. The sooner you reach out by calling 203-504-9517, the more options we may be able to open up for you.