Jail diversion is an option frequently exercised by the arresting officer. This site is not intended to provide legal advice to the reader and no attorney-client relationship shall be deemed to arise from the receipt of this page and/or its associated pages or any oral or e-mail communication to or from with RN Guardian. In many cases treatment or counseling is less expensive than prosecution and incarceration. By doing PRECISELY what the BRN wants you to do, which is to call Diversion and enter the program. You get to keep working. (Diversion Programs) I believe the diversion program does work for the juveniles that are truly sorry for the crimes they committed. Restitution requires the offender to make reparation for the harm resulting from a criminal offense. Diversion can also occur after formal admittance to the criminal justice system, even after conviction. info@gustitislaw.com February 6, 2014 By Jennifer Coalson. Once you have all the facts and have solved the mystery of the Diversion Program, Mr. Withers isn’t so scary, is he? There is a provision in the law for sealing of convictions less than misdemeanor, but misdemeanor and felony are not sealed, and certainly not expunged. Youth under 12 can receive an offer of diversion for any level offense. Sen14 \l 1033 ]. does not intend to practice law in any jurisdiction where it is not licensed. And how do most nurses solve this mystery? Under this particular state law, if a person has a record that contains no more than two misdemeanor convictions, or one felony and one misdemeanor conviction, he or she can request the court to seal their criminal record. That is the marketing genius. Brevard County, Melbourne, Florida, criminal, family, divorce, child support, and personal injury law firm serving communities such as Titusville, Cape Canaveral, Mims, Palm Bay, Cocoa, Viera, Suntree, Cocoa Beach, Indian Harbour Beach, Daytona Beach, Orlando, Sebastian, Vero Beach, Fort Pierce, Port St. Lucie, Satellite Beach, and Rockledge. Information sent prior to your receipt of confirmation of representation by The Law Office of John Vernon Moore, P.A. Under ROR, the accused promises to appear in court at a specified date and time in exchange for release from custody. In the state of New York, once a felony or misdemeanor conviction is admitted, it cannot be expunged. https://www.britannica.com/topic/diversion, National Criminal Justice Reference Service - Diversion Programs: An Overview. How does a California Registered Nurse make an informed decision regarding whether or not to enter the BRN’s Diversion program, if it doesn’t sound like it is even an option? If you are convicted of the DUI, the BRN will file an Accusation against your license and you will probably receive a letter of public reprimand or probation (which lasts as long as Diversion, by the way). But the fast and easy guilty plea will get you a lifetime of background checks with that on your record. So, in response to – Can an Alford Plea be expunged? You should consult an attorney for individual advice regarding your own situation. Unfortunately, it would remain on your record, available to any future employers that have access to it. By doing PRECISELY what the BRN wants you to do, which is to call Diversion and enter the program. Expert and Character: What Role Do Witnesses Play in the Defense. This program is designed to benefit those that want to make a change and better their lives. Be on the lookout for your Britannica newsletter to get trusted stories delivered right to your inbox. There are other options available. 1311 Mamaroneck Ave There really isn’t a no contest plea that can be entered. What you will have just signed up for is the immediate deactivation of your RN License, a 3 year commitment to “recover” on their terms and a price tag of about $18,000.00. Most nurses want to avoid the embarrassment of their employer finding out and think Diversion is the only way to keep it quiet, but let’s see if we can solve this mystery together as well, by looking at some of the clues. Arrest gives the criminal justice system the ability to force the accused into a social-service program. NO! Copyright © 2020, by Michael Kramer, Attorney at law. If that is for a DUI arrest, and the case gets dropped, nothing will happen, the whole thing goes away. There is a VERY slim chance your license will be revoked or suspended if you don’t enroll in Diversion, but there is a 100% chance that YOUR LICENSE WILL BECOME INACTIVE IF YOU DO JOIN DIVERSION! An Alford plea is entered when the defendant and his or her attorney have determined that entering it is in their best interest because the evidence against them will most likely lead to a conviction. Michael Kramer: Those types of pleas are rarely used in New York. Please Note: The statements and information provided on this website are for informational purposes only. Let me Scooby Doo this for you and solve the Diversion Program mystery: Diversion is Voluntary. You will admit that yes you had a DUI, a bout with depression or you take drugs. I’m pretty sure they will figure it out or you will have to tell them. What Are the Benefits of Diversion Programs? A misdemeanor conviction you cannot expunge. I was pulled over and was given a citation for small possession and drug paraphernalia. The most obvious benefit of diversion programs is that they avoid the expense and harshness of the full operation of the criminal law. Successful diversion programs save tax dollars, improve life circumstances for offenders, satisfy victims, and provide services to the community. Diversion Programs are designed to remove a suspect from the criminal justice system without a criminal record. Police may consider diverting a suspect when the offense is minor (e.g., a traffic violation) and the suspect is calm and deferential. Although those strategies, referred to collectively as diversion, take many forms, a typical diversion program results in a person who has been accused of a crime being directed into a treatment or care program as an alternative to criminal prosecution and imprisonment. Having your criminal record sealed can be extremely beneficial. Defendants may use an Alford plea because even though they know that they will most likely end up with a criminal conviction, they still want to maintain an innocent claim. The transmission and receipt of materials provided on this website does not create an attorney-client relationship between our firm and the recipient of the information, including e-mail communications. It may be an ineffective way for long-term criminal offenders. Michael Kramer: The benefit is you get the charge substantially reduced.It usually occurs with drug charges where it’s a first offense, or it’s a serious charge to begin with. In the case of a minor offense, a summons can be given, indicating a date and time for the accused to face the charges in court. When diversion programs fail, individuals suffer, tax dollars are wasted, victimization is increased, and the system loses credibility, and in some of these cases diversion can actually be more expensive than normal processing, because offenders later have to be reprocessed and possibly incarcerated. Diversion is possibly as old as the justice system itself. So if the biggest benefit from entering Diversion is to avoid the issue becoming public, and it is going to be public anyway, or to keep your employer from knowing, and your employer is going to know anyway, what is the real benefit of Diversion? Interviewer: Would they be able to expunge the charge? Learn how your comment data is processed. If you’ve received this letter “offering” you participation in Diversion, you immediately know what I mean. You get to keep working. There are other options available. Your email address will not be published. The first thing it says is that the BRN has been notified that you may have misused alcohol or drugs and/or you have a mental issue that could be preventing you from practicing nursing safely. consequences of the underlying complaint. Specific legal issues, concerns and conditions always require the advice of appropriate legal professionals. What Happens if You Don’t Enter Diversion? Contact Save my name, email, and website in this browser for the next time I comment. The defendant can then file a petition to expunge their record with the Florida Department of Law Enforcement. Professor of Sociology/Criminal Justice, University of Scranton. If there is any advice you could give me I would highly appreciate it. The accused is technically arrested but is free to go after agreeing to a court date. Only some offenses are eligible for diversion, though, and any prior conviction can make a defendant ineligible. The next part of the letter is the part that terrifies you: If you decide not to enter, the matter will be turned over to the Enforcement Division of the Board of Registered Nursing, which may result in your RN License being Revoked or Suspended. Judges do not like to accept those types of pleas, which are called Alford pleas, because no judge wants to sentence someone if they’re not admitting they did anything wrong. You get to keep your license as it stays active the whole time. That is the. It is akin to the fear- inducing spam you receive in the mail where you get a document that looks like it comes from your mortgage company alluding to a missed payment, but when you open it, it is some sneaky marketing ploy to get you to re-fi at a “historically low rate.” Most people see through this type of trickery that plays on your fears and are irritated by it, but nurses are so blinded by the fear of “revocation or suspension” of their RN licenses, that they fail to read between the lines. Before you decide, ask us to send you free written information about our qualifications and experience. Usually, when someone enters a plea of guilty, the court will convict the defendant of a lesser crime. Steve is a Texas Board Certified Criminal Defense Attorney practicing in Bryan-College Station, Texas. These diversion programs use group counseling as a mandatory component of sentencing demonstrate initial success in reducing recidivism rates in national outcome studies. Before accepting an offer of a diversion program, it is essential to talk about your options with a criminal defense lawyer in Florida like John Vernon Moore. If the offender successfully completes the program, the case will be dropped or closed in an unofficial capacity. Restitution is used most often for economic offenses, such as theft or property damage. Diversion may also be less costly for the offender. The most-common diversion decision occurs when a police officer decides not to cite or arrest a suspect, even when there is considerable evidence that a crime has been committed. It is unpaid service to the public, which symbolically atones for the harm caused by the crime.

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