Can you file for diversion even if you have a prior recent criminal history?

Asked about 5 years ago - Newark, OH

Just wondering if someone can apply for diversion program if they just had a recent case moved to mental health court and are on probation. A new crime was committed after placed on probation and other case was already transferred to MHC. A list of priors that are recent as well.

Attorney answers (3)

  1. John M. Kaman


    Contributor Level 20

    Answered . You can apply for diversion but it's much more likely your new case will be sent to join the older one in mental health court.

  2. Theodore W. Robinson

    Contributor Level 20

    Answered . While your case may be transferred back to the mental health court, the fact that you were on Probation at the time of the commission of another crime brings up bigger issues in my mind. Usually, that will result in a Violation of Probation which will, if proven against you, put you in jeopardy of being violated and put in jail under the first conviction.

    Hire a good experience criminal defense attorney and let him/her work it out for you.

    Good luck.

  3. Howard Woodley Bailey


    Contributor Level 20

    Answered . I agree with my colleagues, that the matter is not a likely candidate for diversion for the reasons they state. I am also concerned with the reference you make to recent priors, as a prior criminal conviction would typically bar you from certain types of diversionary programs. I strongly urge you to consult with an experienced criminal defense lawyer admitted to practice law in Ohio as soon as possible, and certainly before you make any decisions on how this matter should be handled. Good luck.

    This answer does not, nor is it intended to, create an attorney-client relationship; or, constitute either legal advice or attorney advertising. Rather, given the nature of this forum, it is offered solely for information purposes, as a starting point for you to use when speaking directly to a lawyer in your State. Do not assume that the legal conclusions I mention that pertain to NJ are applicable in your State. Since the facts of each case are different, it is critical for you to consult with qualified counsel with whom information can be shared and assessed under an attorney-client privilege, so that competent advice can be obtained on which you can make informed decisions. Contact an experienced criminal defense lawyer admitted to practice in your State before making any decisions about your case.

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