Missouri Diversion Program Lawyers in St. Louis

The Origins of Diversion Programs in St. Louis

In the late 1960s, courts recognized the significant collateral effects a criminal conviction could carry, including a criminal background, separation from families, and job loss. Incarceration also cannot fix key issues like drug addiction and mental illness.

As a result, courts, prosecutors, and legislatures began looking at alternatives to prosecution. Instead of proceeding to trial or pressuring the accused to take a plea bargain, prosecutors would >exercise their prosecutorial discretion to pause low-level cases to allow defendants to get help.

Under this model, if these defendants kept their records clean, prosecutors would dismiss the charges. If they reoffended, prosecutors could restart the case for the old charges and file new charges.

Seeing the success of these programs, prosecutors and courts began to formalize the process for these pre-trial diversion programs. In some states, including Missouri, the legislature stepped in to set guidelines and boundaries for diversion to ensure that it was only available for certain offenses.

Diversion Programs Defined in the Missouri Revised Statutes

Missouri’s legislature passed a law in 2019 authorizing prosecutors to create diversion programs within their jurisdictions. This law appears in the chapter on sentencing of the Missouri Revised Statutes.

Specifically, the law grants prosecutors the authority to divert prosecution for six months to two years. It does this by pausing the statute of limitations from running during that time. Additionally, the defendant waives their “speedy trial” right when they voluntarily agree to enter the diversion program.

The prosecution can extend the diversion for up to two years or four years in total. The extension may occur as a disciplinary measure if the accused violates a term of the diversion. It can also happen when the defendant needs additional time to satisfy the diversion agreement.

For example, suppose that a condition of diversion for first-time drug charges includes completing drug treatment. If the accused is making progress toward completing treatment but has not quite finished, the prosecution can give them additional time to satisfy the program.

Grounds for Diversion in St. Louis Criminal Cases

The law gives prosecutors broad discretion in diverging cases. Specifically, prosecutors can divert cases when they believe that the benefits of diversion outweigh the advantages of taking the case to trial.

Additionally, prosecutors are prohibited from diverting cases involving the following charges:

• Violent crimes
• Sex crimes
• Crimes committed against a child victim
• Possession of an unlawful weapon
• Parole or probation violation
• Traffic or DWI offense committed by someone with a commercial driver’s license

It’s important to note that the accused must agree to all program requirements. They must also agree that their diversion program will end if the police or prosecutors discover any additional criminal behavior.

Standard Diversion Procedure in St. Louis

The diversion procedure typically involves the prosecution seeking an arrest warrant, indictment, or information outlining the defense. They then may agree to defer prosecution according to a diversion plan. The plan must be in written form and identify a specific program duration.

The rules of the diversion program may impose additional restrictions on the participants. These rules are intended to protect both the community and the accused. Thus, the diversion rules may require the accused to avoid committing any criminal offenses while participating in the program.

Rights of Participants and Prosecutors in St. Louis Diversion Programs

The law protects the right of participants to drop out of the diversion program at any time and take their cases to trial. A defendant might choose to end their participation if they, for example, decide that the requirements are too onerous.

At the same time, prosecutors also have the authority to terminate a participant’s enrollment and restart the prosecution. While most prosecutors will refrain from taking this action unless participants violate the program’s rules, the law does give them sole discretion in deciding whether to terminate a defendant’s participation.

Similarly, defendants have the right to seek a lawyer’s advice before and during the diversion program. However, the court is not obligated to appoint a free lawyer to indigent program participants.

Ending the Diversion Program in St. Louis

Prosecutors generally dismiss charges when the defendant satisfies all the conditions of the diversion program. This dismissal may be with prejudice, meaning prosecutors cannot refile the charges.

The law also allows dismissals without prejudice, though. This type of dismissal enables prosecutors to refile the charges if the defendant engages in further criminal acts.

Possible Strategies for Seeking Missouri Diversion Programs in St. Louis Criminal Prosecutions

Missouri diversion programs can be a viable alternative to incarceration for your case. By employing an effective criminal defense strategy, we can work to demonstrate that pursuing charges against you is simply not worth the prosecutor’s time and that the state should divert your case, drop your charges, or negotiate a plea deal.

Some defense strategies that can help us secure your admission into Missouri diversion programs include the following:

Presenting Mitigating Evidence

Mitigating evidence can help you show that you do not have the hardened criminal nature that deserves incarceration. For example, we can often show that defendants facing drug possession charges are users rather than dealers or traffickers. As a result, we can argue that the defendant needs drug treatment rather than imprisonment.

Securing a Reduction in Charges

When you face charges that are ineligible for diversion, we can sometimes negotiate for a reduction in your charges so that you become eligible. For instance, charges for possession of an illegal weapon are typically ineligible for diversion.

But any possession of a firearm by a drug user is generally illegal, so weapons charges can be filed anytime a drug user has drugs and a gun at the same time. If we can get prosecutors to drop the weapons charges, you may be eligible for diversion on your drug paraphernalia charges.

Showing Prosecutors That They May Lose

Sometimes, the best offense is a strong defense. If we can show prosecutors that they may lose their case, they may become more open to enrolling you in a diversion program to avoid losing at trial. For your part, diversion may be safer than risking a conviction, since diversion leaves your criminal record clean.

Thus, we could establish that you have a strong defense of entrapment if a police officer solicited you to bring drugs to them. In this scenario, prosecutors may agree to divert your case rather than lose at trial.