Felony Diversion Lawyer in Tempe, AZ

Tempe's own diversion office does not handle felonies. Tempe Community Supervision on Rural Road administers the city's diversion, probation and home detention programs, and its referrals come from Tempe Municipal Court or the city Prosecutor's Office after misdemeanor arrests. The Tempe City Attorney's Criminal Division prosecutes misdemeanors only.

A felony investigated by Tempe Police or ASU Police goes to the Maricopa County Attorney's Office for a charging decision, and from there to Superior Court's downtown complex: the Central Court Building, 201 W. Jefferson St., or the South Court Tower, 175 W. Madison St. Confirm the building on your current notice. Before that, anyone jailed on a felony sees a judge for an initial appearance at the county's Intake, Transfer and Release facility on 28th Drive.

What the County Attorney publishes. Its Felony Diversion Program, which began in May 2020 and folded in the former Drug Diversion Program, is described as education and treatment for people charged with specific felony offenses. The handout says the deputy county attorney alone makes the referral, and the program page says that prosecutor evaluates both the offense and the person.

Timing. The office's Felony Diversion policy rules out pre-file diversion and says offers should only be made before arraignment, which leaves the stretch between charging and arraignment.

Offenses the policy covers. Possession cases where a trial conviction would require Prop 200 probation under A.R.S. § 13-901.01; class 2 or 3 drug sales offenses involving less than the threshold amount; and cases involving a class 4, 5 or 6 felony or drug acquisition by fraud.

Offenses it excludes. Robbery and arson are out, as are DUI and sexual offenses. So are cases in which a firearm was used or significant physical injury was inflicted, and domestic violence cases apart from a narrow exception the policy describes.

Who it excludes. A person with a historical prior felony conviction (a limited aggravated DUI exception applies), a person on felony probation or pre-conviction release for a felony when the offense happened, anyone who completed a felony diversion program in the last five years, and anyone with a hold or detainer that would block completion.

How it ends. Prosecution is suspended for two years. A risk and needs assessment places the participant in a treatment track, and any restitution must be paid in full. Completion leads the deputy county attorney to move to dismiss with prejudice; an unsuccessful participant faces reinstated prosecution and, under the policy, no second diversion offer on that matter. The policy also tells prosecutors to fully consider the victim's input. Any response to that is your lawyer's job; do not contact the alleged victim yourself or through anyone else.

The office also lists veterans, serious mental illness and developmental disability programs, each with its own criteria.