Today I was set for trial on a defendant who had previously rejected the DIVERT program. The state’s offers, in accordance with their new DIVERT plan had been 30 days in jail or the DIVERT. We did lots of work preparing for trial and we showed up and announced ready for trial today and the State came back and offered one of the old, pre-DIVERT offers of times served and a fine.
My client had a wreck, was drinking a 40 in the car and he took a breath test. It was not a great trial case and if convicted he would have been required to serve 3 days in jail due to the open container. He was thrilled about getting a plea bargain of not probation and no jail time, basically just paying a fine and being done with it. I was surprised to see this offer because they were supposed to be off the table after the DIVERT was rolled out, however I was dealing with a prosecutor I respect and consider to be reasonable and thoughtful and she said she was going to offer me the deal on that case because that particular case called for it. Done deal!
{ 3 comments… read them below or add one }
I am in the DIVERT program, just started it 10/8/09. But I think it is kind of harsh, I know what I did was wrong, I am 54 years old been married 18 years, Now I have a curfew, and can not go to my place in the country unless I get permission, I lost my job and made a mistake but it is not a felony and I don’t think it should be treated as one.
It seem to me that the 750.00 fine is cheaper then what I am going to pay for the DIVERT program, Now I well get 30 day’s in jail if I quit the program, it doesn’t sound right to me.
You may want to think about entering the DIVERT program.
How long do you have to be in the Divert program? What all are they asking for you to pay them?