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By: Law Offices of Mace J. Yampolsky

What is Preprosecution Diversion in Nevada?

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Crimes of any type are taken very seriously in Nevada. Almost every criminal conviction, and many misdemeanors, carry potential jail time.

Certain speeding tickets may get you up to six months in jail, depending on the circumstances.

However, working with an experienced and knowledgeable Las Vegas, criminal defense lawyer may make it possible to keep out of jail using “preprosecution diversion.”

“Preprosecution diversion” is a program offered by the Nevada courts that allows eligible defendants to complete rehab, classes, or other tasks in exchange for the court possibly dismissing their misdemeanor charge.

For example, one of the main areas where preprosecution diversion is used is nonviolent drug offenses. Nevada has many drug offenders who enter its criminal justice system. If you qualify as the defendant, you could be offered programs, educational classes, or rehabilitation to complete, thus, keeping yourself out of jail and possibly even mitigating your conviction.

However, it’s vital to note that you must qualify for preprosecution diversion, and your crime must fit into certain categories.

For example, depending on the specifics of your case, you may be highly unlikely to be offered diversion for the following:

  • Any burglary or dishonesty offenses.
  • Any violent offenses, including domestic violence.
  • Crimes of a sexual nature.
  • Many drunk-driving or severe drug offenses.
  • Offenses for breaching a Court order, such as a restraining order.

The Nevada courts look at various factors to determine whether preprosecution diversion is appropriate in your unique case factors are:

  • The nature and circumstances surrounding your offense.
  • The frequency and severity of your crime.
  • If a minor is involved, specifics are analyzed, including age, maturity, intelligence, etc.

Your experienced Las Vegas criminal defense law team will know if you may qualify or not. Also, your lawyer will work hard to possibly convince the courts that, even if your crime may typically not qualify, you are an excellent candidate for diversion.

How Do I Know If I Am Eligible for Preprosecution Diversion

First, your criminal defense lawyer will have the knowledge and experience to usually determine if asking for prosecution diversion in your case is viable or not. However, you must realize that this is a complex legal situation, and the court will analyze your case’s specifics and circumstances.

However, you may be a candidate for diversion if you face misdemeanor (or particular criminal) charges other than the following.

  • Any type of offense involving the use, or threatened use, of force or violence against another.
  • Vehicular manslaughter.
  • Most types of DUI cases or minor traffic offenses.

You also would not usually be eligible for diversion if you have previously been:

  • Convicted of breaking a criminal law (other than a minor traffic offense).
  • Been ordered by a court to complete diversion previously.

Preprosecution diversion is not usually easy for you to qualify for, and the help of a thorough, aggressive criminal defense lawyer is mandatory. However, the benefits of diversion to you, your life, and your family can be enormous.

What Is Preprosecution Diversion Commonly Have Me Do?

As stated, if you qualify for diversion, it can significantly benefit you, your family, and your future.

Commonly diversion programs include one, or more, of the following that you must complete:

  • Educational classes.
  • Counseling or Rehab.
  • Participation in support groups.
  • Anger management therapy.
  • Community service or restitution payments.
  • Restraining orders or curfews.
  • Mental illness and veterans’ programs.

Also, note that going through a diversion program is not usually an easy task. It’s also an undertaking you must complete, or you go right back to the starting point and face high fines or jail time.

Your Las Vegas criminal defense lawyer will explain precisely what is expected of you, how long it may take, and the significant benefits of these programs. You, however, mustn’t expect it to be a “shortcut,” and you’ll work for the benefits you receive.

What Are Some Benefits of Using Preprosecution Diversion in Nevada?

You may know that if you get a criminal record of any type, it will usually follow you for the rest of your life. Today, background checks are always done to rent a home, get a loan, get a job, and much more. If criminal history of any type “pops” up, you and your family could be headed down a far more difficult road.

The main benefit of preprosecution diversion is that your charge will be wholly dismissed if you complete all the required and outlined duties in your diversion program.

In essence, “it all goes away,” and there is no conviction or reference to a charge on your record. Hence, the term ” pre-prosecution ” legally translates that you can be granted the diversion without even entering a plea.

To explain further, after you complete the diversion program successfully, the court will dismiss the charge against you and order that all records related to the case be sealed.

However, you (or your lawyer) will be responsible for mailing the judge’s order to the various relevant state agencies, such as the criminal records bureau and police departments. They then will “seal” your records; nothing should show up on any background check, etc.

Your detailed and thorough criminal defense lawyer’s advice and guidance are invaluable to this process. This most definitely includes communicating with all the various state agencies so they do what they’re supposed to do and clear your record.

Assessment and Treatment Programs Offered in Preprosecution Diversion

Preprosecution diversion programs play a crucial role in criminal justice by offering alternatives to traditional prosecution for certain offenders. These programs address underlying issues, reduce recidivism, and promote rehabilitation.

Assessment and treatment programs are integral to preprosecution diversion initiatives, focusing on understanding the root causes of criminal behavior and providing tailored interventions. 

Here are some essential assessment and treatment programs commonly offered.

Comprehensive Assessment

  • Conducting a thorough assessment of the individual’s background, including criminal history, substance abuse, mental health, and social circumstances.
  • Identifying risk factors and protective factors that contribute to the individual’s behavior.

Substance Abuse Treatment

  • Implementing substance abuse assessments to determine the extent of the individual’s dependency.
  • Offering counseling, therapy, or rehabilitation programs tailored to address substance abuse issues.
  • Collaborating with community resources and treatment centers to provide ongoing support.

Educational and Vocational Programs

  • Identifying educational and employment needs to address underlying factors contributing to criminal behavior.
  • Offering access to educational programs, vocational training, and job placement services to enhance skills and employability.

Community Service and Restorative Justice

  • Incorporating community service as a means of accountability and restitution.
  • Implement restorative justice practices involving the offender, victim, and the community in the resolution process.

Counseling and Support Services

  • Offering individual or group counseling to address emotional and behavioral challenges.
  • Facilitating access to support services, such as housing assistance, family counseling, or mentorship programs.

Preprosecution diversion programs incorporating comprehensive assessment and treatment components are better equipped to address the complex factors contributing to criminal behavior. 

Can pre-prosecution diversion lead to record seals?

Yes. Upon completing a diversion program, the court will drop the charges against the offender and mandate sealing all case files. However, remember that the defendant must send the judge’s order to all relevant state agencies, including the Carson City police department and the Criminal Records Bureau.

I Want to Obtain a Preprosecution Diversion Program; How Should I Proceed?

First, you must understand that you must qualify for Nevada’s preprosecution diversion program, and you must have the help and guidance of a Las Vegas criminal defense law team familiar with the overall process.

The Nevada preprosecution (or )PPD officers focus on your integrity and personal accountability. As a participant, you must appreciate the consequences of criminal actions by arranging to pay restitution to victims or through community service, educational classes, rehab, etc.

Throughout this PPD program, you will report your progress to supervising officers and may also be required to submit to alcohol and drug testing.

Always remember that if you are accepted into a diversion program and fail to complete the necessary PPD, your charges will be filed and prosecuted.

However, with the help of your empathetic and aggressive criminal defense lawyer, when you do complete the PPD program, your life will go back to normal, and the stigma of a conviction should not follow you for the rest of your life.