How does someone who is faced with misdemeanor charges (open container in public space--not vehicle, resisting arrest) who is a first-time offender get a referral to a diversion program, generally? I understand the availability of pretrial diversion varies drastically state to state. This is in Michigan. Who typically makes such a referral though? Also, once a plea bargain has been offered (pretrial) is it too late to go the diversion route?
Criminal Defense Attorney
Pretrial diversion, generally speaking, is a county-by-county program. It is offered at your first appearance in court and has a number of probationary requirements. In matters such as yours, there are a number state and local laws that provide for similar disposition (delayed sentencing, advisement pleas, HYTA status, etc). the person who would be best acquainted with such a program is a local defense lawyer or the prosecutor. If you have already plead, it is probably too late. Open container cases will only make a difference if you have other alcohol-related convictions. I hope this helps.
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