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CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 23479
Experience:  9+ years defending Misdemeanor and Felony cases.
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I was pulled over, given a dui ticket... complied with tests

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I was pulled over, given a dui ticket... complied with tests and blew under the limit, reguardless the court lawyer told me to go diversion instead of fighting it. I have had to pay so much in fines for diversion and then got kicked out of diversion for not showing up. I have a court date next week monday about being kicked out of diversion, what should i do? is there any way that i could avoid going to jail? i have a job that i like and really dont want to lose it. the reason i missed a couple diversion classes was because of work.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. I certainly understand the situation and your concern. If you did complete the diversion program, were the charges going to be dismissed?
Customer: replied 3 years ago.

yes, also i've kept up on paying court fines every month on a plan.

Thank you for the additional information. In a situation like this, you first need to decide if you want to try and stay in the program in hopes of the case being dismissed or go to trial and fight the case or take a plea deal. If you want to stay in the program, you need to show good cause as to why you failed to appear and why you did not contact anyone in the program, to advise them of the situation. The prosecutor and the Judge may allow you to re-enter the program, if you can show that your failure to appear was not intentional and you could not leave work. If you did not want to stay in the program, you likely could take the case to trial or take a plea deal, which should result in a probationary sentence, if you are a first time offender. For failing to comply with the program, it should not result in any jail time but may end up causing you to get kicked out of it and not being able to have the charge dismissed, which is the goal. If you can demonstrate that you will attend all future classes and anything else imposed, you may be allowed to re-enter if that is your goal.

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Customer: replied 3 years ago.

isn't diversion the plea deal?, my understanding was that i wouldnt be able to fight my dui anymore because i agreed to enter diversion?

It is typically an option offered by the court for first time offenders, to keep their records clean. If you comply with all the terms and conditions, it results in the case being dismissed, which you stated above. The problem in situations like these, when a defendant enters the diversion program is what happens, when they fail to complete the program. As such, they are either 1) kicked out of the program and given the sentence/plea which would have been imposed in the first place had the diversion program not been offered 2) given more time to complete it and are allowed to re-enter or 3) able to go to trial. Of course, if there was an automatic sentence which was imposed and agreed to by you in the event that you failed to comply, that would likely control in this situation. As I stated above, the court is going to want to know why you failed to appear and based upon the excuse, will determine the next step. In an ideal situation, you will be let back in but if not, they court may place you on probation and close out the case. Jail is typically a last resort and just for missing classes, is not the punishment that is imposed at the onset of the first problem
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