What is the effect of a diversion agreement?
Upon the defendant entering into an Agreement for Pretrial Diversion, the criminal proceedings shall be suspended pending completion of the filed Diversion Agreement. When the defendant successfully fulfills the terms and conditions of Diversion, the County Attorney shall move to have the criminal charges dismissed with prejudice. Early termination may occur upon verification that all terms and conditions of Diversion Agreement have been completed and at the discretion of the Diversion Coordinator. If the defendant fails to fulfill the terms and conditions of the Agreement the County Attorney will request that the diversion be revoked. After an appropriate hearing, the Court, upon finding the defendant has failed to fulfill the terms of the Agreement shall order diversion revoked. Criminal proceedings on the original complaint shall be resumed.