Douglas County Logo white clocktower" width="480" height="480" />Douglas County Logo white clocktower" width="480" height="480" />
The Douglas County District Attorney has established the following guidelines for the diversion application process:
Diversion is a privilege and not a right. No presumption in favor of diversion exists in any case, and the burden of persuasion rests with the applicant to establish that a diversion agreement will best serve the ends of justice, the interests of the community, public safety and the rights of the victims.
In determining whether or not to grant diversion, the District Attorney will consider whether the applicant demonstrates a genuine sense of remorse and is prepared to acknowledge the act(s) charged and accountability for the consequences of his or her actions. Other factors to consider are the nature of the crime and the circumstances surrounding it, the probability that the applicant will cooperate and benefit from the program, the impact on the community of placing the applicant on diversion, the recommendations of the involved law enforcement officers and of the victims, the amount of restitution owed, and any mitigating and aggravating circumstances surrounding the crime.
It is not required that an applicant have an attorney for the purpose of diversion. An applicant on an adult criminal case has the right to obtain an attorney and have him or her present throughout the diversion application process. Applicants that are approved for diversion will be required to pay any court appointed attorney’s fees.
