Felony Diversion in Arizona
If you are facing a felony charge, hearing that diversion may be possible can bring real hope, along with many questions. This page explains what Arizona's statutes say about county attorney programs and how a lawyer can help you pursue one.
We can help. Nova Law Group was built by a former Maricopa County Attorney’s Office felony prosecutor. We take a meticulous approach to every step of this process, because the details matter.
Talk to us before you talk to anyone else. Call (480) 405-6767. Consultations are free and confidential, and the earlier we are involved, the more we can do.
At a glance
- The law: A.R.S. § 11-361 defines a county attorney "program" that may divert or defer prosecution. A.R.S. § 11-362 says how the program is run.
- Who decides: The county attorney runs the program, following guidelines set by the Arizona Prosecuting Attorneys' Advisory Council.
- Timing: The statute describes diversion as happening "before a guilty plea or a trial."
- Where the case is heard: A Maricopa County felony is in Maricopa County Superior Court in downtown Phoenix.
- What to do now: Talk with a lawyer early, before any plea, so diversion can be raised while it is still possible.
What the law says
Arizona's deferred prosecution article begins with a short definition. Under § 11-361, a "program" is "a special supervision program in which the county attorney of a participating county may divert or defer, before a guilty plea or a trial, the prosecution of a person who is accused of committing a crime."
Each part of that sentence matters to you:
- Special supervision program: Diversion is supervised. You agree to meet conditions over a set period.
- Participating county: The program is run county by county.
- May: The county attorney has discretion. The statute does not create a right to be placed in a program.
- Divert or defer: The prosecution is redirected or put on hold rather than pursued to a plea or trial.
- Before a guilty plea or a trial: Timing matters, because the definition places diversion ahead of those steps.
Under § 11-362(A), the program is administered by the county attorney "according to guidelines established by the Arizona prosecuting attorneys' advisory council," and the council updates those guidelines when the law changes. Section 11-362(B) requires the county attorney to keep records of how many people enroll and complete programs, and to send an annual evaluation to legislative leaders.
Who qualifies
The sections described above do not list which felony charges qualify or which are excluded. Eligibility depends on the program's guidelines and on the prosecutor's decision in your case. Questions that can affect that decision include the type of charge, whether there is an alleged victim, whether violence or a weapon is alleged, and your prior record.
Some charges have their own paths. Drug possession cases may fall under a separate probation statute, explained on our drug court and Prop 200 page. Domestic violence charges have their own rules, covered on our DV diversion page.
How it works
Every program sets its own terms, but the basic shape follows the statute:
- A felony charge is pending, or a case has been referred to the county attorney.
- The prosecutor offers diversion, or your lawyer asks that you be considered.
- You review and sign a written agreement, and the prosecution is diverted or deferred.
- You complete the supervision conditions within the time allowed.
- The case is resolved as the agreement provides. If you do not complete the program, prosecution can resume.
Conditions vary and may include classes, counseling, drug testing, community service, restitution or regular check-ins. Some agreements may ask you to sign statements about the facts. Read every term before you sign, and ask what happens if you fall behind.
Where the case is heard
Felonies in Maricopa County are heard in Maricopa County Superior Court in the downtown Phoenix criminal court complex (Central Court Building, 201 W. Jefferson St.; South Court Tower, 175 W. Madison St.). Confirm the building on your current notice. A Maricopa County felony does not go through a justice court first. After an arrest, you will see a judge for an initial appearance within 24 hours (Ariz. R. Crim. P. 4.1). On a felony, the right to appointed counsel attaches.
Why the outcome matters
Avoiding jail is not the same as avoiding a conviction. Probation can keep you out of jail but still leave a felony conviction on your record. Diversion is designed to redirect or pause the prosecution before a plea, so how your case ends depends on the agreement you sign.
- Record: If a charge is dismissed, you may petition to seal the case records under A.R.S. § 13-911(A)(2). Sealing is a separate step that requires a petition. See record sealing.
- Firearms: The federal firearms ban in 18 U.S.C. § 922(g)(1) applies to a person "convicted" of a crime punishable by more than one year.
- Immigration: If you are not a U.S. citizen, talk to an immigration lawyer before you accept any plea. The same caution applies before you sign any statement of facts in a diversion agreement.
- Work and licensing: Employers and licensing boards may ask about charges as well as convictions, so keep your paperwork showing how the case ended.
If diversion is not offered
Other tools may still limit the damage. A class 6 felony may be entered as a class 1 misdemeanor, or left undesignated during probation, under A.R.S. § 13-604(A), unless an exception applies. After a conviction and completed sentence, you may apply to have the judgment of guilt set aside under A.R.S. § 13-905(A). See set-asides.
How we help
- Early review: Because the statute places diversion before a plea or trial, we look at it at the start of the case.
- Making the request: We can present your history, work, family and treatment efforts to the prosecutor in support of diversion.
- Protecting your defenses: We keep reviewing the evidence and possible motions while diversion is discussed, so you keep your options.
- Reviewing the agreement: We explain each condition, any statement you are asked to sign, and what happens on completion or failure.
- Staying on track: If problems come up during the program, we can talk with the prosecutor about solutions.
We handle these matters whichever office brought the charge. Learn more on our diversion programs and felony defense pages.
Why Nova Law Group
Nova Law Group was built by Ryan Tait, a former Maricopa County Attorney’s Office felony prosecutor. The practice is criminal defense first. We keep caseloads deliberately low, which means the lawyers on your case have time to actually watch the video and read the reports line by line. We take cases to trial when trial is the right pressure. Overcharging happens, and a case that is genuinely prepared for trial changes the conversation with the prosecutor. Most criminal cases are quoted as a flat fee. Consultations are free and confidential.
Common questions
Arizona law allows a county attorney to divert or defer the prosecution of a person accused of a crime, under § 11-361. Whether it is offered in your case depends on the program's guidelines and the prosecutor's decision. A lawyer can tell you whether it is realistic to ask.
Under § 11-362(A), the county attorney administers the program under guidelines from the Arizona Prosecuting Attorneys' Advisory Council. The court still handles the pending case. Your lawyer can raise diversion with the prosecutor and keep the court informed.
Because diversion only redirects or defers the prosecution, the case can go forward again if you do not complete the program. Your agreement should explain the process. Talk to your lawyer as soon as you think you may miss a requirement.
If your charge ends in dismissal, § 13-911(A)(2) allows a petition to seal the case records. Sealing is not automatic. We can help you take that step once the case is closed.
Sources
Arizona statutes link to the official text on azleg.gov, the Arizona State Legislature’s website. Federal law and general legal references link to Cornell Law School’s Legal Information Institute (LII). Laws change, so the version in effect on the date of your case controls.
Arizona law (azleg.gov)
- A.R.S. § 11-361: Definition of program
- A.R.S. § 11-362: Deferred prosecution program; administration; guidelines; records; reports; technical assistance
- A.R.S. § 13-911: Sealing of arrest, conviction and sentencing records; requirements; fee; appeal; definition
- A.R.S. § 13-604: Class 6 felony; designation
- A.R.S. § 13-905: Setting aside judgment of convicted person on discharge; application; release from disabilities; certificate of second chance
Cornell Legal Information Institute
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Talk to a Maricopa County criminal defense lawyer
If you have been arrested, charged, or contacted by a detective, the decisions you make in the first few days matter. Nova Law Group defends misdemeanor and felony cases in the Superior Court and in municipal and justice courts across Maricopa County.
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