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.
The criminal justice system, translated into plain English. An Anatomy of a Criminal Trial Lots of things can happen during a criminal trial, many of them surprising. Nevertheless, most trials do follow a uniform set of procedures. These frequently asked questions explain how judges decide what a convicted defendant's punishment will be. Appeals and the Writ of Habeas Corpus FAQ Defendants who think they've been wrongfully convicted of a crime have a number of options.