How Prosecutors Decide on Diversion: It’s Not Always About Justice

Jan 22

When someone is charged with a crime in Tucson or Pima County, the decision of whether they are eligible for diversion can have a profound impact on their future. Diversion offers a way to avoid a criminal conviction by completing specific program requirements, but it’s not always offered—even when it seems justified. As a Tucson criminal defense attorney, I’ve seen how diversion decisions are often driven more by perception than by purely legal standards.

What is Diversion, and Why Does It Matter?

Diversion is a program that allows defendants to complete counseling, classes, community service, or other requirements to avoid a conviction. It is often used when rehabilitation, rather than punishment, is deemed more appropriate. Completing diversion results in the dismissal of charges, keeping the person’s record clear of a criminal conviction. This can be especially important in Tucson and Pima County, where a criminal conviction can lead to severe collateral consequences, including difficulty finding employment, housing challenges, and issues with professional licensing.

The Long-Term Impact of a Criminal Conviction

For many people facing charges in Pima County, the fear of a criminal conviction looms large. Even a misdemeanor conviction can drastically impact one’s future, including job prospects, professional licensing, and the ability to rent an apartment. Convictions related to domestic violence, for example, can have long-lasting effects on child custody arrangements and the ability to maintain certain professional roles, such as those requiring security clearance or government employment.

When diversion is an option, it can make all the difference in preserving someone’s future. However, it is essential to understand why diversion is not always offered and how to advocate for it when appropriate.

Factors That Can Affect Diversion Decisions

Some of the most common factors that influence whether diversion is offered in Tucson and Pima County include:

The severity of the offense and the presence of any aggravating factors.
The defendant’s prior criminal history or lack thereof.
Statements made by the alleged victim regarding their wishes.
The prosecutor’s assessment of community safety concerns.
The defendant’s willingness to take accountability and participate in rehabilitation.
Public perception and media attention.
Internal office policies on specific types of crimes, such as domestic violence or DUI.

Why Some Cases Get Diversion, and Others Don’t

While many would assume that diversion decisions are based solely on legal criteria, the reality is often more nuanced. Prosecutors may base their decision on:

Perceived credibility of the accused or the alleged victim.
The optics of offering diversion in a case that has drawn public attention.
Personal or office-wide philosophies about rehabilitation versus punishment.
Pressure from advocacy groups or community organizations to take a tough stance.

This means that even when the facts of the case appear to support diversion eligibility, the request may still be denied. In such situations, having an advocate who can present the case persuasively can make a significant difference. A skilled Tucson defense attorney understands the complexities of how diversion decisions are made and can navigate the process to give clients the best possible chance of obtaining a favorable outcome.

How to Advocate for Diversion

Advocating for diversion requires more than just pointing to a clean record or good character. An effective strategy involves:

Demonstrating that the alleged victim supports diversion, especially in cases where ongoing family dynamics are at play.
Emphasizing rehabilitation and willingness to participate in meaningful programs.
Highlighting how the long-term consequences of a conviction could negatively impact family stability, employment, or community involvement.
Providing evidence of personal growth, counseling, or proactive measures taken before resolution of the case.
Being prepared to challenge the prosecutor’s reasoning if it seems overly punitive or based on assumptions rather than facts.

Real-Life Scenarios: Why Diversion Matters

Imagine someone accused of a minor assault during an argument with a family member. The alleged victim supports diversion because they recognize the long-term impact a conviction would have on the accused's ability to support the family. Despite the mutual desire to pursue diversion, the prosecutor denies it, citing the seriousness of domestic violence charges. In such cases, having a defense attorney who can clearly articulate why diversion is appropriate and push back against the denial can significantly affect the case’s outcome.

Or consider a situation in which a young adult faces a minor drinking charge. They have never been in trouble before, are attending counseling voluntarily, and have shown a genuine commitment to change. Yet, the prosecutor may refuse diversion because of the perceived danger of impaired driving. An experienced Pima County defense attorney can present evidence of the client’s rehabilitation efforts and build a persuasive case that diversion aligns with the interests of justice.

How a Tucson Defense Attorney Can Help

An attorney who knows how to navigate the diversion process can significantly increase the chances of a successful outcome. Here are some steps an experienced attorney can take:

Conducting a thorough investigation to uncover any mitigating evidence.
Communicating effectively with the prosecutor to present a well-rounded perspective.
Gathering letters of support from employers, family members, or community members.
Presenting evidence of rehabilitation or proactive measures taken by the client.
Knowing how to challenge a diversion denial with reasoned arguments and legal support.

Don’t Face This Alone

If you or a loved one is facing criminal charges and seeking diversion, it’s crucial to work with a Tucson or Pima County criminal defense attorney who understands the nuances of the diversion process. An experienced defense lawyer knows how to build a persuasive case for diversion and can navigate the process to give you the best possible chance of avoiding a conviction.

Contact me today to discuss your situation and explore your options. I’m here to help you fight for a fair and just outcome.