Diversion Programs for Criminal Offenders

The failure of the criminal justice system to eradicate crime is addressed in a variety of ways today. It might be because mass incarceration hasn’t proved to put an end to crime. A new approach to remedy some offenses is called the diversion program. It’s a way of circumventing a person arrested for behavior away from a guilty plea to a less onerous way to pay their debt to society. According to Wikipedia, it could involve paying restitution to victims, doing community service, staying away from the stimulus that starts the bad behavior and attending an educational program to help manage the bad behavior. An example of a diversion program might be a battery intervention course a person takes to avoid harming a spouse or loved one. The idea is to remedy the behavior that led to the arrest.

John School

There are many of these courses ranging from handling weapons safely to texting while driving, and it even includes a john school, a diversion program for people who solicit the services of a prostitute. The typical diversion course is offered by police departments, a kind judge or a thoughtful district attorney. The educational system is also involved. They offer classes.

How a Diversion Program is Used

The diversion program is often a part of a plea deal that may or may not lead to a criminal record depending on the circumstances. A person might agree to attend a diversion program and plead guilty in exchange for a lightened sentence for a crime. In that case, the person must still suffer a criminal record. Other people have used the diversion program in place of a guilty sentence. This might result from an intervention before the matter goes to the police. If the police get involved, the person will likely take a plea deal or fight whatever they are charged with in court.

Who Gets to Use It

The existence of diversion programs has allowed prosecutors to act with discretion when dealing with people charged with crimes. It’s never available for people who commit violent crimes in most jurisdictions. People in the military are likely to get the option of a diversion program offered to them because of their military service.

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How Criminal Trials Function in the Real World?

In case that a defendant continues to plead not guilty after the preliminary hearings, the criminal trial is the next step of the legal system. You have to end bargain negotiations too, and if pre-trial motions have avoided the possibility of getting charges dismissed, the case will proceed to trial.

You should check Federal Criminal Appeals Law Firm in Miami so that you can see more detailed ways to protect yourself against the wrong verdict. But before we come to the verdict, it is vital to understand how the trial functions in the real world.

A panel of jurors will determine whether you’re guilty or not by using more facts and proofs than reasonable doubt. The most criminal cases tend to avoid trial stage, and they are resolved before that during the plea bargain or pre-trial motion stage.

Jury Selection

Everything starts with jury selection, and in typical cases, there will be 12 jurors and two alternates, as well as dozens of potential jurors on the court. They will have to fill a small questionnaire submitted by both defense and prosecution.

Jurors will have to serve the jury and present hardship, and they will have to answer questions about their experiences and attitudes in previous cases and in case that they have to regulate. Some of them will be excused because they won’t meet the criteria for your case.

Questioning Jurors

Both defense and prosecution will be able to question the potential jurors in the court so that they can determine their background and biases.

At the same time, each side can easily excuse the juror for the probable cause, and both sides will have to provide challenges that they have to use with the idea to excuse a juror.

The logical assumption is that both defense and prosecution will try to go for jurors that are more likely to agree on their side. The selection process is crucial because choosing the appropriate jurors could mean a difference between winning and losing the trial.

Opening Statements

When both sides select jurors, the idea is to present a case and provide a specific view by using opening statements by both defense attorney and prosecution. For instance, in the USA, defendants are presumed innocent until proven guilty, so it is vital for the prosecution to prove the case with ease.

The opening statement of prosecution is first for, and he will outline the evidence against the defendant. The prosecution will provide a preview of plans as well as brief that will help them determine the process of proving the defendant guilty.

Additional Explanation

According to law, the defense does not have to make an opening statement or call witnesses because the prosecution has to prove the guilt due to the presumption of innocence. In some cases, the defense will wait until the prosecutor presents the entire case until the opening statement and the other side of the story.

If your defense attorney decides to make an opening statement, the idea is to present and poke hoes of the theory that prosecution features and to provide the best explanation possible that will affect the prosecution presentation in overall.

Evidence and Testimony

The main phase of a trial requires for both sides to present witnesses as well as additional evidence that will jury have to consider. Witnesses are a great way to create an appropriate foundation for making the evidence and admitting it.

For instance, the prosecution won’t be able to provide a gun as the deadly weapon and evidence, until he/she creates reasonable doubt by witness testimony that will explain that gun is relevant to the defendant.

In case that police officer testifies that defendant carried a weapon during his arrest, only then the gun will become the part of primary evidence.

Closing Arguments

As soon as prosecution decides to rest its case, the defense attorney will have to dismiss everything that the prosecutor stated and try to disprove the evidence as well as guilt beyond a reasonable doubt. In some cases, this will happen, but it is rare when you have in mind the reality of trials.

If the defense does not present witnesses because they think that it is not valid and successful to do it, the defense will still cross-examine prosecution witnesses and try to destroy the idea of defendant involvement.

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Dealing With Divorce in a Rational Way

Going through a divorce is never easy. A couple who is facing the end of their marriage will likely be emotionally ragged and dealing with feelings they never knew they had. Angry tempers can flare, and rational thinking often goes right out the window. The irony is that all of this emotional turmoil will come to a head just as negotiations are taking place for important issues like the division of property and assets, child custody agreements and discussions regarding alimony and child support. Yes, it’s a lot to deal with, which is why it’s so important for anyone who is facing the end of their marriage to seek out expert legal help. A family law attorney orlando fl  would be the right choice for someone in the Florida area.

A Guiding Hand

An expert family law attorney can help a couple deal with the most crucial aspects of their divorce in a way that is calm, down to earth and rational. All of this can make a huge difference in the outcome of a divorce settlement, and it can help a couple to reach an agreement more quickly without wasting hours and hours on emotional arguments that do nothing but ring up expensive legal bills. A good attorney will also help steer a couple into a settlement agreement that is worked out between the lawyers, rather than settled in court. As any experienced attorney can tell you, going to court over a divorce is a very expensive proposition, and it will likely squander most of the money that could have been divided with a more calm settlement agreement.

Taking The Smart Approach

There’s no question that going through a divorce is a painful proposition. The smart approach to dealing with it is to work closely with an experienced counselor who can help a couple save time, money and grief during a difficult time.

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