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Just because you are being investigated for a crime in Arizona does not mean you will automatically be charged as a defendant. In some cases, the prosecutor may offer what is called pre-filing diversion. This gives you the chance to complete certain requirements in exchange for having the case resolved without formal charges ever hitting the court system.
Not every case qualifies, however, and the decision rests entirely with the prosecutor. Knowing how it works and what you will need to do as a participant can help you make the right decisions early on. Read on to learn more.
Pre-filing diversion is a program that allows someone suspected of a crime to avoid formal prosecution entirely. What makes it different from other types of diversion is the timing. With pre-filing diversion, the prosecutor agrees to hold off on filing charges while you complete a set of conditions. The entire process plays out before any case is ever brought to court.
If you finish the program, the prosecutor declines to file charges, and the matter is closed. Since no charges are ever formally brought against you, there is no criminal case on your record. This sets it apart from what is often referred to as pretrial diversion, where charges are filed first and then dismissed after the program is completed.
Arizona law gives county attorneys discretion to divert or defer the prosecution of people accused of crimes. Individual prosecutor’s offices establish their own eligibility criteria and determine whether a particular case is appropriate for diversion.
The process begins after law enforcement investigates an incident and sends the case to the county attorney’s office for review. Before deciding whether to press charges, the prosecutor looks at the facts and determines if diversion is a better fit than traditional prosecution.
If the prosecutor offers pre-filing diversion, you sign an agreement that lays out exactly what you need to do. What that looks like depends on the charge, the county handling your case, and the specifics of your situation. While you work through the requirements, the charging decision stays on hold.
During the program, you may need to check in regularly with a diversion officer who tracks your progress. If you complete everything within the required timeframe, the prosecutor will close the case and will not bring charges.
Eligibility rules vary by county and program.
Depending on the program, prosecutors may consider factors such as:
The Arizona Prosecuting Attorneys’ Advisory Council (APAAC) recommends against diverting certain offenses. These include serious crimes as defined under A.R.S. § 13-706, dangerous offenses, and cases involving sexual misconduct. That said, each county attorney’s office sets its own standards, so the rules can vary from one jurisdiction to the next.
What you are asked to do will depend on the offense and the county handling your case. That said, most programs share a similar structure.
Participants are typically expected to:
Most programs last anywhere from a few months to a year, depending on the charge and the conditions involved. Some programs follow a more structured model with their own intake and screening process.
Pre-filing diversion may provide an opportunity to resolve an Arizona criminal investigation without formal charges being filed. However, availability and requirements depend on the prosecutor’s office, the alleged offense, your history, and the specific diversion program.
Orent Law Offices, PLC can review your situation, communicate with prosecutors when appropriate, and explain whether diversion or another resolution may be available. Contact our experienced Phoenix criminal defense lawyers today at (480) 656-7301 to schedule a free consultation and discuss your legal options.
