If you or someone close to you is facing a minor criminal charge in Mesa—first-time drug possession, petty theft, or disorderly conduct—here’s something worth knowing before you assume the worst: a charge doesn’t have to become a conviction. In many cases, it doesn’t have to become a formal case at all. That’s not wishful thinking. It’s how Arizona’s diversion system is specifically designed to work. And with new legislative momentum behind Arizona SB 1739 diversion programs, the state is expanding that approach. Read on for this useful guide from Lerner and Rowe Law Group’s Mesa criminal defense attorneys.
Arizona SB 1739: What the Legislation Actually Does
Arizona SB 1739 addresses one of the most persistent complaints defense attorneys have raised about Arizona’s diversion landscape: inconsistency. For years, whether a first-time offender was offered diversion often came down to factors that had nothing to do with the facts of their case—which city they were in, which officer made the arrest, or which prosecutor happened to review the file.
The bill aims to address this issue directly. Under SB 1739, there will be more standardization in the collection of information about diversion statistics, including recidivism data for individuals participating in programs. This way, diversion opportunities will become available, more consistent, and eventually more accessible to all Arizonans, no matter the county they find themselves in and no matter the circumstances.
To Mesa citizens, this means something important. Although Maricopa County already offers diversion programs, legislative measures make sure that prosecutors and judges are more likely to take diversion cases seriously. They create more precedents that a qualified defense attorney can refer to and show to prove that their client is better suited for diversion programs than the criminal court system.
The prearrest diversion stage, which occurs before filing any charges, is the optimal time to make the right decisions. That’s why it is vital to have a prearrest diversion lawyer in Mesa working on your case immediately. In many instances, it’s the only way for you to achieve success.
Prearrest Diversion in Practice
It may come as a surprise to many that there is actually a phase in criminal cases in Arizona that takes place entirely before a case ever appears in court.
Prearrest diversion enables the authorities, whether it be the police force or the prosecutor’s office, to direct the person towards certain services, which might include drug treatment programs, counseling for mental health issues, or prevention classes against theft.
If conducted in the right manner, one will eventually exit the system without having received any sort of criminal charge.
These situations take place on a fairly regular basis in Maricopa County, but they don’t happen by chance. They occur when an attorney acts quickly, knows who to contact, and makes a persuasive argument.
Who Is Qualified for Diversion in Mesa?
The qualifications for diversion programs differ according to both crime types and particular programs; however, the most likely applicants to qualify for such programs share certain qualities:
- No past criminal background—diversion programs are intended for first-timers only, and a lack of a prior record is the most critical qualification
- Non-violent crimes, and minor offenses—drug possession, petty theft, and other misdemeanors, along with similar charges—are the most appropriate for diversion; violent crimes or felonies hardly ever apply
- A desire to go through the process—there has to be a willingness on the part of the offender to fulfill all program conditions
- Early intervention from an attorney—a defense lawyer’s involvement early in the case helps maintain diversion options
Defending first-time offenders in AZ is not a matter of trying to find a loophole. This legal defense strategy ensures that the system works the way it was supposed to do all along. Having a lifetime criminal record for just one mistake, no matter how small, would only hurt everyone involved—the offender, their loved ones, and the entire community. That’s why Arizona created its own diversion program.
How We Help First-Time Offenders with Mesa Diversion Programs
Our Mesa criminal defense lawyers start working immediately. From the minute a client hires us, regardless of whether or not they have received formal criminal charges, we explore each possibility to see if they qualify for the program.
This entails looking at the details of the crime, determining which diversion programs are available for that particular charge, reaching out to the prosecutor’s office before any decision has been made, and gathering as much information about the defendant’s life as we can.
This way, we’ll be able to paint a clear picture of the person behind the mistake and increase the chances of them qualifying for the program.
We know the programs; we know the prosecutors, and we know what makes the difference in making the case go the right way. We’ve had these discussions before—and we begin having them the minute the call comes in.
Here to Help You with Arizona SB 1739 Diversion Programs
One bad choice shouldn’t mean a person has to live with the consequences for the rest of their life. Diversion laws exist for this very reason in Arizona—but a good outcome takes time and preparation—and it must happen quickly before the opportunity slips away.
Our Arizona defense attorneys are here whenever you need us. If you are facing charges and want to know what your diversion opportunities are in Mesa, get in touch with us today. Simply give us a call, fill out our convenient online form, or use our LiveChat service now.
The information on this blog is for general information purposes only. Nothing herein should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.