Diversion programs in Maricopa County are programs designed to have
offenders participate in community based education or treatment programs that address
behavioral change so they can become productive members of society. In each case,
the county attorney evaluates whether the offender is eligible and/or suitable for each
diversion program. The overall goal of the program is to reduce recidivism and preserve
prosecutorial resources.
There are many different types of diversion programs throughout the valley.
There is a domestic violence diversion program in justice court that focuses on
misdemeanor domestic violence offenses. Offenders who are referred to this program
are assessed for their overall risk to offend and then assigned a treatment plan. If the
offender successfully completes diversion, then their charges will be dismissed. There is
also a Domestic Violence Excessive Response Diversion Program where the focus is
on felony offenders whose response to their intimate partner is excessive and there is a
distinct history of domestic violence against the accused partner. The treatment is
individualized based on an evidence based assessment that analyzes whether the
individual will reoffend and anyone who successfully completes the program will have
their charges dismissed.
The Felony Diversion program is designed for those charged with specific felony
offenses, such as possession of controlled substances. Along with other eligibility
criteria, offenders must have a minimal criminal history to qualify. Treatment is based
upon individualized assessment and the services provided may include group
counseling, individual counseling, case management, and drug testing. After completion
of the program, offenders will have their charges dismissed so they can avoid a felony
conviction. Juveniles also have a diversion program, where they meet with their
probation officer after their first and second misdemeanor offenses and first-time drug
offenses to review diversion options. If the juvenile wants to proceed with diversion, they
must complete an assigned consequence by the due date. Doing so will result in
charges not being filed against them.
Lastly, MCAO offers a veterans diversion program for veterans who have been
charged with a lower level felony. They recognize that veterans often return from service
with trauma from service such as PTSD that can lead to drug and alcohol abuse or
other mental health crises. So, the county attorney’s office allows veterans to have their
prosecution suspended and enter treatment with community based resources such as
Averhealth and the US Department of Veteran Affairs. Each treatment plan is
individualized and if successful, the charges against them are dropped.
If you are charged with a crime and believe you are eligible for one of these
diversion programs, but do not know how to go about asking to be placed in one, please
feel free to give Bernardo Garcia a call at (602) 340-1999. He has over 35 years of
experience and will do his best to get you the help that you need in navigating this
complex process.
Source: https://maricopacountyattorney.org/303/Diversion-Programs