Felony Diversion
Felony Diversion can resolve certain Kitsap County felony offenses. Felony Diversion, in essence, is a stipulated order for continuance that allows participants to meet all the conditions and negotiate the dismissal of any pending felony charges against them.
Criteria for eligibility:
1. Superior Court must charge the participant with at least one felony-level offense.
2. The participant must not have participated in an identical diversion program in Washington or any other state.
3. Participants should have a relatively low or no criminal history of misdemeanors / gross misdemeanors.
4. While the current offense cannot be considered a “violent crime”, it can be reviewed by a supervisor at the prosecutor’s office.
5. Restitution should be paid immediately if the crime was deemed to have caused damage. Participants must agree to pay full restitution during the diversion period if they are not paid upfront.
6. 6. The victim should support the diversion program but it is not mandatory.
7. 7.The participant must compose a letter explaining why they feel they are a good candidate to receive felony diversion.
The most common conditions:
1. You will need to perform 48 hours of community service and pay an $850 fee.
2. The program typically lasts one to two years.
3. 3.If the prosecution believes that a treatable condition contributed to the criminal behavior, they may request an evaluation. Treatment may be necessary depending on the results of the assessment. If the prosecution feels that an anger management program or chemical dependency treatment are appropriate for participant’s rehabilitation, such programs can be made a condition to the agreement.
The End Result
Participants can be dismissed from their charges for felony diverts. This is a good result for participants who commit to the program and meet all requirements. Although not everyone is eligible, it is worth requesting.
Other solutions:
Click the links below to find out more about how you can reduce or dismiss a criminal case without going to trial.
Pretrial Diversion Agreement (not ava
Felony Diversion
Certain felony crimes in Kitsap County can be resolved through what is called Felony Diversion. In essence, Felony Diversion is a stipulated order of continuance where if the participant meets all of the negotiated and required conditions, the pending felony charge(s) against the participant will be dismissed.
Eligibility Criteria:
1. The participant must be charged in Kitsap County Superior Court with one or more felony level offenses.
2. The participant must have never participated in an equivalent diversion program in Washington or in any other state.
3. The participant should have relatively little or no misdemeanor / gross misdemeanor criminal history
4. The current offense must not be a “violent offense”, but those can be considered on a case by case basis by a supervisor in the prosecutor’s office.
5. If the crime charged resulted in damage, restitution should ideally be paid upfront. If not paid upfront, the participant must agree to pay the restitution amount in full during the term of the diversion program.
6. The victim should be supportive of the diversion program, but it is not required.
7. The participant must write a letter outlining why they believe they are a good candidate for felony diversion.
Typical Conditions:
1. The standard terms are to complete 48 hours of community service, pay an $850 program fee, have law abiding behavior, report monthly or quarterly compliance (if any form of treatment is required) and waive extradition.
2. The duration of the program is typically for one or two years.
3. If the prosecution believes that some treatable condition was a contributing factor in the criminal behavior, they will require the applicant to receive an evaluation. Based on the outcome of the assessment, treatment may be required. For example, if the prosecution believes that anger management or chemical dependency treatment is appropriate for the participant’s rehabilitation, then such programs are made a condition of the agreement.
The End Result:
Felony diversions end in the dismissal of a participant’s charges. This is typically a great result in exchange for the participant committing to the program and meeting all the requirements. Not everyone will qualify for this program, but it is almost always worthwhile to make the request.
Other Alternative Resolutions:
If you are curious about other ways to have a criminal charge reduced or dismissed without going to trial, click on the following links for an explanation of each:
Pretrial Diversion Agreement (not available for felony charges)
Compromise of Misdemeanor (not available for felony charges)
Behavioral Health Court
Veteran’s Court
Drug Court