Should I do the Diversion Program or should I hire an attorney?
In many parishes outside of New Orleans and Jefferson, if you receive a moving violation, DWI, or one of many misdemeanors and low-level felony arrests, you may be eligible for a diversion program. You may even be contacted by the District Attorney to let you know that you are eligible. Often times when people receive these letters about diversion they automatically jump at the opportunity because the information claims that if they successfully complete the program, the arrest will be off of their record but this isn’t always the case.
Many diversion programs can be expensive and require certain tasks that need to be completed before you receive the benefit of having the case dismissed. Also, if you fail to complete the program, the case can still be prosecuted against you and you will not get back the money you have invested or the time trying to complete the program. It also means that the District Attorney in many cases obtains permission from you to waive important legal deadlines to prosecute the case. This gives them more time to prosecute you and limits your ability to file important legal filings you may have available to you. People often think that completing diversion means the case automatically comes off their record but, while the case may not be prosecuted, the arrest is still on your record. Also, many times if you complete a diversion program, you are not eligible for a waiver of the fees for an expungement because the District Attorney does not view it as a dismissal.
Often times the information that you receive may make it seem like if you do not jump at the diversion opportunity you will miss out on it. However, many times if you hire an attorney they will still be able to get you into the diversion program later on. You may be asking yourself why would I hire an attorney only to do diversion if it was already offered. The reason to hire an attorney is that you have someone who can look at your case and see if there are any issues with it that may make it possible to have the case dismissed or reduced without having to do diversion. An attorney can review the facts and the evidence and advise you on whether you have any legal avenues available that you would lose if you do the diversion program.
An attorney can also help you navigate the expungement process at the end in an effort to keep the arrest of your record or to have the case dismissed entirely. If you receive a letter about diversion, it may be a good idea but a better idea is to contact a lawyer and discuss your options with them. If you have received a diversion letter and have questions, I would like you to give me a call to discuss. 504-300-8338. Remember … When No One’s Carin’ Call McLaren! 504-300-8338