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

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. 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. 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. 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.

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