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Diversion programs for felonies in Washington State.

Spokane, WA |

I am facing four counts of first degree identity theft and four counts of second degree theft in Washington state. I have never been convicted of a felony, but am having trouble getting in touch with my public defender. I've done some research and it appears as though only misdemeanors are available for deferred prosecution or diversion. Can anyone confirm this? I've also read that it's possible for felony convictions to be reduced to a misdemeanor in order to participate in a diversion program. I am currently working full time and about to start nursing school. My schooling is subject to passing criminal background checks, so I'm really hoping for some type of deferred prosecution.

Attorney Answers 3


  1. Only an attorney that is very familiar with the court you are charged in and with the District Attorney's office handling your case would know if reduction to a misdemeanor or any type of diversion is an option in your case. If you have the financial ability, you may want to consult with a private criminal defense attorney.


  2. As you already know, felony convictions can have a significant impact on your future and foreclose opportunities. Whether you will be able to reach a deal to get all or any of your charges reduced to misdemeanors depends on the evidence in your case, your criminal history, the jurisdiction and prosecutor's office, etc. You should consult with a criminal defense attorney as soon as possible to discuss the specifics of your case. Most criminal defense attorneys offer free consultations. While no attorney can promise you an outcome, an attorney who practices criminal defense in your area can give you advice. likely outcomes, and whether any diversions or reductions may be options given your situation.

    This answer is my personal opinion and is offered for informational purposes only. This is not a legal opinion, legal advice, and does not create an attorney-client relationship.


  3. You need to be discussing this with your Public Defender and not questioning other attorneys.

    The information provided in this answer does not create an attorney-client relationship and is not considered to be legal advice. Mr. Leroi answers questions on Avvo because he strongly believes in public service from his years as a judge, magistrate, and prosecutor. If you need to ask any follow up questions because my answer did not fully address your question, feel free to call Chris or post an additional question. Thank you.

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