World

Diversion Programs More Effective Than the Normal Criminal Justice Court Process

Published

2 years ago

April 14, 2022

Most states in America recognize that low-level offenses committed by first-time offenders do not necessarily need to go through the normal criminal case process. Though effective in serving some purposes like getting the bad guys off the streets, the ordinary criminal justice process does not effectively rehabilitate offenders or promote behavioral changes.

Diversion programs offer first-time, low-level offenders an opportunity to learn from their mistakes without going through the regular legal process. As a result, this may not be effective in promoting behavioral change.

How Does a Diversion Program Work?

A diversion program is an alternative to the regular criminal legal process for some offenses. The program was created by a state’s legislative arm and signed into law. These laws identify the characteristic of a crime and the offender that qualify for a diversion. Depending on the diversion system, a defendant’s case may be diverted early into the case and does not require the defendant to take a plea.

Other systems require the defendant to plead guilty to the charge, but the court defers the sentence until the defendant completes the diversion program. Upon completion of the diversion program, which can last for six months to a year, the court dismisses the case, and it does not show in your records. However, the arrest record will remain, but you can have it deleted later. If the offender does not complete the diversion program, the case returns to court.

Diversion Programs Effectiveness

According to the ACLU, the diversion program seeks to identify the underlying problems leading to a crime. This makes diversion programs more effective in reducing recidivism and improving the community’s safety in the long term.

To the victims, diversion programs ensure that they get financial restitution for their losses. Sometimes they may receive a written apology from the offender, which can help mend relationships. They also get to participate in the restorative justice system by voicing their views which is critical in assisting them to know that they get justice. To the offender, diversion helps ensure that they avoid getting a criminal record, make amends with the victim, and help them learn from their mistakes and through the program helping them avoid similar offenses in the future.

Diversion programs also ensure that fewer people go through the normal criminal justice system, easing the system’s burden and correctional facilities. According to ACUL, if prosecutors used diversion programs more, the population in America’s correctional facilities would reduce by approximately 10 percent, translating into significant savings in the government.

Crimes That Qualify for Diversion Programs

Diversion programs laws define the characteristic of offenses and offenders that qualify for diversion. These criminal charges include minor misdemeanor offenses, possession of certain drugs, first-time DUI offenders, petty theft, minor assaults, and domestic violence qualify for diversion in most states.

Diversion programs are also effective in rehabilitating offenders with underlying mental illnesses. According to the center for prison reform, diversion programs for mentally ill offenders resulted in an 84 percent drop in the rearrests likelihood for offenders.

World

A Step-by-Step Guide to Hiring the Right Personal Injury Lawyer

Published

1 week ago

April 19, 2024

Michelle Langton

Are you dealing with injuries, loss of income, and hefty medical bills because of an accident that was not your fault? If yes, you need the services of an excellent personal injury lawyer. But how do you determine if a lawyer is a perfect match for your personal injury case when you have so many options? This step-by-step guide aims to teach you the critical steps to hiring the best personal injury lawyer in your state.

1. Know Why You Need a Personal Injury Attorney

Typically, you must hire the right personal injury lawyer if you are pursuing a lawsuit for personal injury. As defined on Forbes, a personal injury lawsuit is a civil action that an injured person takes against a person or company responsible for an accident that resulted in injuries.

For instance, you get into a car crash or slip and fall incident in the workplace because of someone else’s fault. You can sue the party responsible for injuries, lost wages, medical bills, and mental anguish.

But there are instances you may not need a personal injury attorney despite being in an accident. For example, a minor fender bender where no one sustained injuries or had their property damaged is easy to resolve without involving lawyers. So, after an accident, evaluate the damages incurred. If they are severe, search for a personal injury attorney.

2. Do Extensive Research

Where do I begin my search? Referrals are valuable because you can ask specific questions regarding the lawyer’s communication style, availability, litigation experience, and fee structure. So, ask family and friends to recommend someone they have worked with. Search for attorneys in your area online if you need referrals. You can type a simple search query like ‘personal injury attorney near me’ on Google. Alternatively, look for a lawyer through online directories.

3. Schedule Free Consultations

You want to know what a personal injury lawyer will do for you. Therefore, schedule a free consultation meeting and ask questions like:

What will you prioritize in my case?

The right attorney will focus on getting justice and fair compensation to ensure your stress-free recovery. Communication should also be a top priority. The lawyer should communicate with you using simple terms to help you understand your legal rights. More importantly, they should update you about the case progress on time.

Do you have experience handling cases like mine?

As lawyers at Cohen, Feeley, Altemose & Rambo law firm mention, experienced personal injury attorneys will guide you through the legal process. Even more interesting, they will handle negotiations on your behalf to safeguard your rights. So, make sure your lawyer has experience in personal injury law.

It would be better if they had specialized experience handling cases like yours. For example, if you are pursuing a truck accident lawsuit, you will want a personal injury lawyer with expertise in dealing with trucking accident claims.

What is the value of my personal injury claim?

After evaluating your case, a skilled attorney should tell you the worth of your personal injury claim. What you should be cautious of are unrealistic estimates and guarantees. There are no assurances in personal injury claims. If a lawyer promises a higher settlement that sounds too good to be true, do not fall for it because they are lying.

How much are your legal fees?

Personal injury lawyers work on a contingency fee arrangement. Based on Cornell Law School, a contingent fee structure allows lawyers to receive a certain percentage of the total settlement value a client wins. As a result, you do not pay your legal representative any upfront fee.

4. Check Testimonials

Aside from experience, work with a trustworthy and reputable attorney. You can quickly determine a lawyer has an outstanding reputation by reading testimonials from past clients.

Find out if the clients feel happy about the outcomes of their case. How about the style of communication? Does the lawyer explain legal terms in simple language?

A reputable lawyer will receive positive feedback from clients and respect from peers. Also, check with your local bar association to ensure your preferred lawyer doesn’t have disciplinary actions against them.

5. Select Your Lawyer

At this point, comfort matters a lot. Do not choose a lawyer you feel uncomfortable discussing your legal issues with. Also, ensure they have the experience and resources to win your personal injury claim. Equally important, they should have an excellent reputation.

Conclusion

When you are a victim of an accident that someone else caused out of negligence, you need to seek justice and compensation for your injuries. There is only one way to achieve these goals. You must work with the best lawyer to pursue a personal injury claim. True, choosing the right one can be challenging. But you can make an informed decision if you follow this step-by-step guide to hiring the right personal injury lawyer.