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.
General Information
Diversion is a privilege and not a right. No presumption in favor of Diversion exists in any case, and the burden of persuasion rests with the applicant to establish that a Diversion Agreement will best serve the ends of justice; the interests of the community; public safety; and, the rights and considerations of any victims involved.
An applicant in an adult Criminal case has the right to counsel through an attorney, and, to have the attorney involved and present throughout the Diversion Application process. Applicants that are approved for Diversion will be required to pay any Court-Appointed Attorney’s Fees, if applicable.
The Montgomery County Attorney’s Office will not dispense legal advice to any potential diversion applicant. If a potential diversion applicant needs legal advice regarding his or her case, the applicant should contact an attorney.
Additionally, if an adult Defendant wants to participate in the Diversion program without an attorney and must serve any jail time, the Defendant must sign a waiver of counsel form.
Any applicant who is under the age of eighteen (18) is required to have an attorney throughout the diversion application process.
The County Attorney makes all decisions regarding Diversion policy and has the final authority to approve or deny any Diversion application. A defendant’s application for diversion may be rejected or denied if not submitted prior to arraignment.
An Assistant County Attorney assigned to the case may request that a Diversion application be denied even when the application is eligible. In addition, the Assistant County Attorney may request an application be approved when outside the guidelines.
When applying for Diversion, it is your responsibility to inform and maintain current contact information with the County Attorney’s Office throughout the entire process. In determining whether or not to grant diversion, the County Attorney considers whether the applicant demonstrated a genuine sense of remorse and is prepared to acknowledge the acts charged and accountability for the consequences of his or her actions.