The Montgomery County Diversion Program

The intent of the Diversion Program is to give a “second chance” to offenders who commit a minor offense. The Montgomery County Attorney has established the following guidelines for the Diversion Program.

There is no guarantee that Diversion will be granted in any given case.

Diversions for Alcohol, Drug, or Domestic Violence

All D.U.I. and drug cases require an evaluation from a Diversion approved provider be completed before a Diversion will be entered.  The completed evaluation must accompany the Defendant’s completed Diversion Agreement when submitted to the County Attorneys Office.

Defendants in Domestic Violence cases will be required to participate in and complete a Domestic Violence Assessment prior to the submission of the diversion application. The diversion application must be submitted with the domestic violence assessment and all releases of information with the evaluator and his or her agency must be signed authorizing the County Attorney Office to consult with the evaluator.

All Domestic Violence cases will require an eighteen (18) month term of Diversion. Defendants in all Domestic Violence cases will be required to follow the recommendations of the domestic violence  assessment as  a  condition  of  diversion.  Domestic Violence assessments may be obtained from any court-approved provider; however, all counseling services must be obtained from a Diversion approved provider.

Defendants who have a misdemeanor diversion or conviction within the last 5 years and/or a felony diversion or conviction within the last ten (10) years must demonstrate compelling circumstances to be granted Diversion.