Diversion/Deferred Program

It is the policy of the Gila County Attorney’s Office to offer many first time felony offenders an opportunity to avoid having a felony conviction on their permanent criminal history by successfully participating in the Diversion or Deferred Prosecution Program.

The Diversion Program is offered to first time felony offenders before they are formally charged.  If the offender successfully completes the program, the offender receives documentation signed by a prosecutor showing that the charge(s) have not and will not be filed.

The Deferred Prosecution Program is offered to first time offenders after they have been formally charged by indictment with a felony offense.  Once the offender has been arraigned, the prosecuting attorney offers the program through the defense attorney.  If the defendant accepts and successfully completes the program, the charge(s) are permanently dismissed and the defendant receives documentation signed by both a prosecutor and a Superior Court Judge.

Terms of both programs include, but are not limited to:

• No further criminal arrests, citations or convictions during the program
• No association with people who have pending or past criminal charges
• No possession of dangerous weapons
• Notification of address changes and travel
• Urinalysis testing, if deemed necessary
• Search of person or property without a warrant, if deemed necessary
• Substance abuse screening and treatment, if deemed necessary
• Reporting to the Diversion/ Deferred Officer once a month
• Seventy-five hours of community service for a non-profit organization
• Taped admission to charges filed or that may be filed
• Full restitution to victims, if applicable
• Payment of program fees