"Preprosecution Diversion" in Nevada

Preprosecution diversion in Nevada permits eligible defendants facing misdemeanor charges to complete an educational program in exchange for having the case dismissed. People are automatically disqualified from doing preprosecution diversion if they are facing charges of:

In this article, our Las Vegas criminal defense attorneys answer frequently-asked-questions about preprosecution diversion in Nevada, including eligibility and benefits. Click on a topic to jump to that section.

Also see our related article about plea bargains and submittals in Nevada.

Diversion

1. What is preprosecution diversion in Las Vegas, Nevada?

"Diversion" programs are where eligible misdemeanor defendants in Nevada may complete certain terms (such as an educational course) in exchange for the court dismissing the misdemeanor charge. Because this is all "preprosecution," defendants do not have to enter a plea like they would if they were doing a plea bargain.[1]

2. Am I eligible for preprosecution diversion in Las Vegas, Nevada?

Defendants who may be eligible for diversion in Nevada are facing misdemeanor charges other than:

  • any offense involving the use or threatened use of force or violence against the person or property of another;
  • vehicular manslaughter;
  • DUI; or
  • a minor traffic offense

Note that defendants are not eligible for diversion if they have previously been:

  • convicted of breaking any criminal law other than a minor traffic offense; or
  • ordered by a court to complete a preprosecution diversion program in Nevada.[2]

3. What is preprosecution diversion like in Las Vegas, Nevada?

Typical diversion programs include one or more of the following:

  • educational classes
  • counseling
  • rehab
  • support groups
  • anger management therapy
  • community service
  • restitution payments
  • restraining orders
  • curfews
  • mental illness programs
  • veteran programs
  • intellectual disability programs

4. What are the benefits of doing preprosecution diversion in Las Vegas, Nevada?

The primary benefit is the defendant's charge will be dismissed as long as he/she completes the program. This way there is no conviction on the defendant's record. And this all happens "preprosecution," which means that the defendant can do diversion without having to enter a plea.[3]

5. What if the defendant fails to complete preprosecution diversion in Las Vegas, Nevada?

Then the defendant is required to appear in court for an arraignment. In short, the case will proceed as if the diversion program never existed.[4]

6. Can defendants who completes proprosecution diversion get their arrest records sealed in Las Vegas, Nevada?

Yes. Once a defendant completes a diversion program successfully, the court will dismiss the charge and order that all records related to the case be sealed. But note that the defendant has the responsibility to mail the orders to seal to the various relevant state agencies, such as the criminal records bureau in Carson City and the police department.[5]

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Call a Nevada criminal defense attorney...

If you have been charged with a misdemeanor in Nevada, you may be able to get the case dismissed by doing a preprosecution diversion program. Call our Las Vegas criminal defense attorneys at 702-DEFENSE (702-333-3673) for a FREE consultation.

Legal References:

  1. Nevada Assembly Bill 470 (2017).
  2. Id.; NRS 200.408.
  3. Id.
  4. Id.
  5. Id.

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