Tag: Diversion

Vermont AG supports opportunities for diversion and expungement

Vermont Business Magazine recently showcased the leadership shown by Vermont Attorney General TJ Donovan in criminal justice reform.  Most notably, he has streamlined the process for seeking expungement, and increased opportunities to avoid a record entirely through greater use of diversion for less serious offenses.  The importance of enabling people to avoid a criminal record altogether through these two mechanisms cannot be overstated.  Donovan also championed last year’s bail reforms that will ensure low-income individuals are not held in jail prior to trial simply because they are poor. The article is worth posting in full as an illustration of a new breed of prosecutor committed to reducing the ill effects of the “tough on crime” era on individuals and communities least able to overcome them.

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A second chance — if you can pay for it

The surest way to avoid the collateral consequences of conviction is to avoid conviction in the first place. Pre-trial diversion programs offer defendants a chance to do just that, by having the charges against them dismissed before they even reach court. But there is often a catch that puts this benefit out of reach for those of limited means. Diversion programs are controlled by prosecutors, who may condition dismissal of charges on the defendant’s participation in educational, rehabilitation, or community service programs for which the defendant must foot the bill.  These costs, along with attendant administrative fees set by prosecutors, can price out many of the low-income defendants who stand to benefit most from the second chance that diversion promises.  Even if defendants can come up with the necessary cash for participation, they may find the promised relief illusory.  Because prosecutors have near total control over the programs, deciding who is eligible and what is required, defendants must first convince prosecutors that they are worth taking a chance on before the opportunity will be offered. An illuminating two-part expose’ in last week’s New York Times (“No Money, No Mercy“) takes a close look at how these programs operate, and the fate […]

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