What is Diversion?
Felony Cases: For theft cases, Diversion is a program, typically offered the County Attorney’s Office for theft matters. Diversion programs for felonies vary from county to county and not all counties offer a diversion program. Generally speaking, diversion is a resolution offered by the prosecutor after reviewing a case with an agreement between the defendant and prosecutor to forgo or “stop” prosecution if the defendant agrees to enter into and satisfactorily complete the program. Most programs require the defendant to pay restitution (reimburse the victim), perform some amount of community work service, not repeat the same behavior and attend counseling if appropriate. If the defendant satisfactorily completes the diversion program the charge is dismissed. The waiting period for dismissal can vary from one year to as much as three years, depending the facts of the case and the county.
Do I Qualify? Diversion Programs offered by a County Attorney’s Office usually have a financial limit or “cap” for eligibility. For example, some county attorney diversion programs are not offered to defendants whose theft was over $3.500.00. Other counties have a higher “cap”. Some diversion programs are not offered to persons charged with employee theft. Most diversion programs are not offered to persons who have been previously enrolled in a theft diversion program or have been previously charged with a theft related offense even if the charge was dismissed.
If my case was dismissed after satisfactorily completing diversion will it be erased?
The answer is no. Diversion and dismissal do not mean the case is erased or disappears. There will be a court record of the offense. The public can see this. To seal a court record the accused needs to prepare, file and win an expungement motion. Call Martin Azarian for information about expunging a diverted case. For information about this please see: www.mnexpungementlawyer.com.
What if I am charged with misdemeanor or gross misdemeanor theft? Am I eligible for Diversion?
Theft diversion programs are usually offered to persons charged with a felony and are not usually offered in gross misdemeanor or misdemeanor theft cases. There are exceptions but these exceptions are rare. However, there is good news for most first-time misdemeanor theft defendants. There are ways to prevent a criminal conviction. Please call Martin Azarian to learn if other options exist to prevent a criminal record.
Effect of Being Charged with Theft. Criminal theft cases can have negative and lasting consequences beyond what happens in a court room. Many employers will not hire a person with a theft record. Creditors, landlords, assisted living facilities and homeowner associations do not loan or permit persons to live in certain communities with a theft record.
I can help you navigate the incredibly complicated court process. As an experienced theft defense lawyer I can discuss with you your rights, options and obtaining the best resolution possible.
Call Martin S. Azarian today at 612-343-9000 or 952-975-0663 for your free initial phone consultation.
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“Martin is an absolute master of his craft. He made a stressful experience in my life a breeze. His knowledge, organization, and experience make him an extremely effective and efficient attorney. He was honest, approachable, and personable throughout the entire process. Highly highly reccomend his services.”
G.M.
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Minnesota theft defense attorney Martin S. Azarian is a well respected attorney in the Minneapolis & St. Paul area with a winning record of successful case results. Martin has defended theft cases throughout Minnesota which have resulted in charges being reduced, dismissed charges, reduced sentences, resolutions and in many cases no jail time. If you've been charged and want to consult with Martin, contact him today for a case evaluation by calling 612-343-9000 or using the contact form on this page.