Getting convicted in Illinois can lead to incarceration, fines, and other criminal penalties, including a permanent criminal record. However, courts throughout the state understand that many defendants are first-time offenders who committed low-level offenses and should not be treated as seasoned criminals.
Illinois and all states offer “diversion programs,” which essentially “divert” defendants to counseling early in the proceedings. In some programs, defendants do not have to enter a guilty or no-contest plea to enter the program, while others have that requirement but suspend punishment and defendants an opportunity to complete the program.
Diversion programs consist of counseling, treatment, rehabilitation, community services, as well as paying fines and victim restitution, and can last between one year and two years. Successful completion of a diversion program will result in the case being dismissed, while failure to complete the program means the case will resume in court if the defendant didn’t enter a plea or proceed to sentencing if the defendant entered a plea.
The following are some of the diversion programs available in Cook County:
Misdemeanor Deferred Prosecution Program (MDPP) – Defendants must have a behavioral health, housing, and/or veteran need and not be charged with a violent misdemeanor.
Felony Deferred Prosecution Program – Defendants must be charged with a first-time felony that does not involve DUI, weapons, or violence, and not have any violent misdemeanor convictions within the past 10 years.
Drug Deferred Prosecution Program (DDPP) – Defendants who are charged with a Class 4 felony for possession of five grams or less of a controlled substance or marijuana with intent to sell or distribute are eligible for this program.
Drug Treatment Court – Defendants must be charged with either a felony in Chicago or a felony or misdemeanor in the suburbs, diagnosed with a substance use disorder, and have not been convicted of a violent crime within the past 10 years.
Mental Health Treatment Court – Defendants must be charged with either a felony in Chicago or a felony or misdemeanor in the suburbs, diagnosed with a mental health disorder, and have not been convicted of a violent crime within the past 10 years.
Veterans Treatment Court – Defendants must be charged with either a felony in Chicago or a felony or misdemeanor in the suburbs, verified to be a member of the military (without honorable discharge), and have not been convicted of a violent crime within the past 10 years.
If you or loved one has been charged with a crime and interested in entering a diversion program in Chicago, contact the Law Office of Steven Fine today at (312) 436-0638 for a free initial consultation.
