Legal Definitions - divertee

A divertee is an individual who has been accused of a crime but, instead of proceeding through the traditional court system (which could lead to a trial or a plea bargain and a criminal conviction), is offered and chooses to participate in an alternative program.

This alternative, known as a diversion program, is typically designed to address the underlying issues that may have contributed to the alleged offense, such as substance abuse, mental health challenges, or anger management. Successful completion of a diversion program often results in the charges being dismissed, allowing the individual to avoid a criminal record.

Here are some examples illustrating the term "divertee":

• Example 1: First-Time Offender with Minor Drug Possession
  A college student is caught with a small amount of marijuana, a first offense. Instead of formal charges and a potential criminal record, the prosecutor offers them the opportunity to participate in a drug education and counseling program. If the student successfully completes the program within six months, the charges will be dropped.

  In this scenario, the college student is a divertee because they are a defendant (accused of drug possession) who is participating in a court-approved diversion program (drug education and counseling) as an alternative to traditional prosecution.

• Example 2: Juvenile Shoplifting Incident
  A 15-year-old is apprehended for shoplifting a low-value item. Given it's their first offense and the store does not wish to press full charges, the juvenile justice system offers a program requiring community service, an apology letter to the store, and attendance at a youth accountability workshop, rather than formal court proceedings.

  The teenager is a divertee because they are a defendant (accused of shoplifting) who is engaging in a diversion program (community service, apology, and workshop) designed to address their behavior outside of the standard juvenile court process.

• Example 3: Misdemeanor Assault with Anger Management
  An individual is charged with misdemeanor assault after a minor physical altercation. The court, recognizing the circumstances and the individual's lack of prior offenses, offers a pre-trial diversion program. This program requires the individual to attend and successfully complete an anger management course over several months.

  Here, the individual is a divertee because they are a defendant (facing misdemeanor assault charges) who has chosen to participate in a diversion program (anger management course) as an alternative to traditional prosecution, with the goal of having the charges dismissed upon completion.