DTA

We offer diversion opportunities for both adults and juveniles with cases in Larimer or Jackson Counties. These programs provide qualifying individuals with the opportunity to take responsibility while emphasizing personal growth and harm repair in the community. They are aimed at preventing future unlawful behavior, restoring victims of crime, facilitating restitution to victims, and reducing the number of cases in the criminal justice system. We look to ensure accountability while allowing an individual to avoid the collateral consequences associated with convictions or adjudications.

Diversion Process

District Attorney diversion programs are authorized by Colorado Revised Statutes 18-1.3-101 and 19-2.5-402.

  1.  Eligibility – Each diversion program has its own eligibility guidelines (click on "Adult Diversion" or "Juvenile Diversion" above). Our office has discretion to accept or reject any case for diversion based upon the specific facts of the case, the history and needs of the individual, the safety of the community, and the input of the victim(s). In general, our programs are targeted to those without significant recent system involvement and where there is minimal need for long-term oversight.
  2. Case referrals – Diversion specialists in our office actively identify cases that may be appropriate for diversion in advance of an individual’s first appearances in court. Courtroom Deputy District Attorneys also identify and refer cases to our diversion team after first appearances. Defense attorneys and pro-se defendants who believe a case should be considered for diversion should consult with the courtroom Deputy DA assigned to the case.
  3. Diversion agreement – Once a case is considered for diversion, the individual meets with one of our diversion specialists to discuss the terms of a diversion agreement that is individually tailored based on the nature of the case and the conversation with the individual. Any statements or admissions made by the individual while participating in the diversion program, including statements of accountability, will not be used against the individual in any reinstated prosecution of the case, except that these statements may be used to impeach statements made under oath. All diversion agreements include a condition to remain law abiding and a waiver of the right to a speedy trial. While Colorado law allows a diversion agreement to last for up to two years, most agreements are between two and six months in length.
  4. Successful diversion – Upon successful completion of the diversion agreement, the case is dismissed with prejudice (cannot be refiled) and is often eligible to be sealed or expunged.
  5. Unsuccessful diversion – Should the individual fail to comply with the diversion agreement the prosecution of the case is reinstated.