Facing criminal charges in Minnesota can be a stressful and overwhelming experience. You may feel trapped between two options: pleading guilty or facing a difficult trial. However, there is another option that can help you avoid a conviction: a pretrial diversion program. At 29th and Law, PC, our experienced criminal defense attorneys can help you understand these options and work to secure a better outcome for your case. We will fight for your right to a second chance and work tirelessly to ensure that you receive the best possible outcome.

What is Pretrial Diversion?

Pretrial diversion is a process that offers an alternative to traditional criminal prosecution. Instead of going through the court system, a defendant who meets certain criteria may be given the opportunity to complete a set of conditions. If they successfully complete the conditions, their criminal charges are typically dropped.

The fundamental idea behind diversion is to focus on rehabilitation rather than punishment. This approach recognizes that, for some individuals, especially first-time offenders or those who have committed non-violent crimes, diversion away from the traditional criminal justice system can be more beneficial both for the individual and for society. A criminal record has long-term consequences that can impact employment, housing, and educational opportunities. Diversion provides an alternative path to avoid these negative consequences.

Types of Diversion Programs in Minnesota

Minnesota does not have a single state-wide diversion program. Instead, eligibility and program structures can vary significantly depending on the county and type of offense. There are two main types of diversion programs:

Prosecutorial Diversion

This is an agreement with the prosecutor’s office directly. Before filing a formal complaint, the prosecutor may decide to postpone the case while you complete certain conditions, such as community service, treatment or educational courses.

Court-Based Diversion

Some Minnesota judicial districts offer diversion programs that are supervised by the court. These programs are often more structured and may include regular meetings with a probation officer or court representative.

Who is Eligible for Pretrial Diversion?

Eligibility is not automatic, but rather is determined on a case-by-case basis. Prosecutors and courts typically look for candidates who present a low risk to public safety and have a good chance of success in the program. Factors that are often considered include:

• The Nature of the Offense: Diversion is most commonly used for non-violent, minor misdemeanors and gross misdemeanor offenses. This includes certain drug offences such as simple possession, petty theft and first-time DWI / DUI charges (under certain circumstances). Felonies and violent crimes, such as assault, are less likely to qualify for diversion although they may, in very limited circumstances.
• Criminal History: Typically, applicants must have little or no prior criminal record. First-time offenders are often considered.
• Acceptance of Responsibility: While not a formal guilty plea, applicants are expected to acknowledge their actions and express willingness to address the underlying behaviour.
• Community Involvement: Strong ties with the community and family indicate stability and commitment to completing the diversion programme.

The Minnesota Statutes, in particular § 401.065, allow counties to create diversion programs for young people. Many of the same principles apply to adult programs created under the discretion of prosecutors.

Why You Need an Attorney to Navigate Diversion

Securing a spot in a diversion program is a strategic process that requires active pursuit and negotiation. A skilled criminal defense attorney can help with this process, as they have the knowledge and experience to navigate the system and negotiate on behalf of their client.

• Evaluating Your Case: We can critically assess your charges and background to determine if you are a strong candidate for diversion.
• Working with the Prosecution: At 29th and Law PC, we have experience working with local prosecutors in Fergus Falls and throughout Minnesota. We know how to present your case in a positive light and negotiate for a diversion agreement.
• Creating a Compelling Proposal: We can help you create a persuasive application or letter to the prosecutor that outlines your remorse, plan for success, and why you deserve this opportunity.
• Supporting Program Compliance: If you are accepted into the program, we will ensure you understand all the requirements and help you successfully complete the program and have your charges dismissed.

Facing Charges? Let 29th and Law PC Guide You

The prospect of avoiding a criminal conviction can be very appealing. If you have been charged with DWI/DUI, a drug offense, or assault, exploring pre-trial diversion may be the most significant step you can take.

The criminal justice system may seem overwhelming, but you do not have to face it alone. At 29th and Law, PC, we are committed to protecting your rights and ensuring the best possible outcome for your case. We will carefully examine your situation, explain all available options, and work relentlessly to secure dismissal through diversion programs if you are eligible.

Contact 29th and Law, PC, today for a free consultation. Let us help you understand your rights and create a plan for the future.