Louisville, NE asked in Criminal Law for Kansas

Q: Why was diversion revoked if charges dropped?

My boyfriend was charged with assualt and given diversion. ANother assualt charge was brought against him but the charges were dropped. Why was his diversion revoked?

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA

A: Diversion programs are often contingent on the participant not engaging in any further criminal activity or specific behaviors. Even if the new assault charges against your boyfriend were ultimately dropped, the mere accusation could be enough to violate the terms of his diversion agreement.

Diversion agreements typically include conditions that must be strictly adhered to. Being charged with a similar offense, even if not convicted, can be viewed as a failure to comply with these conditions.

It's important to review the specific terms of the diversion agreement to understand why it was revoked. The agreement will outline what constitutes a violation and the consequences thereof.

If there's uncertainty about why the diversion was revoked or if you believe it was unjust, consider consulting with an attorney. They can review the case details and provide guidance on possible next steps.

Remember, diversion programs are an opportunity to avoid a conviction, but they require strict compliance with their terms. Addressing this situation with the help of a legal professional can help in understanding and potentially resolving the issue.

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