In some jurisdictions, diversion may be available to defendants charged with domestic violence, child abuse or neglect, traffic-related offenses or even writing bad checks. Prosecutors sometimes voluntarily offer diversion to defendants who are clearly eligible under a community's guidelines. Defense counsel may also suggest diversion to prosecutors, sometimes even before formal charges are filed. A defendant who is referred for diversion in any of these ways then meets with a probation officer, who conducts an investigation and prepares a report as to the defendant's suitability for diversion. The report may specify the type of program that is most suitable for the defendant.
Judges normally follow a probation officer's recommendation.
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