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                                               PRETRIAL DIVERSION

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     The term "diversion" in the context of a criminal prosecution is a pretrial option that may be available to an eligible defendant who agrees to comply for up to 24 months with the terms, conditions, or programs the court deems appropriate based on a defendant's specific situation. Once diversion is successfully completed, the diverted charge is dismissed and the defendant's arrest for that charge is deemed to have never occurred. Diversion programs are specifically available to defendants with drug problems, mental health disorders, current or former members of the military suffering from mental conditions resulting from their military service, primary care givers, and defendants charged with most misdemeanor offenses. However, diversion eligibility is dependent not only on the condition from which a defendant suffers but the nature of the offense charged, a defendant's criminal history, and most importantly, whether the "specific situation" that resulted in a defendant's arrest warrants a grant of diversion. If diversion is not prohibited by statute, the court has broad discretion to grant or deny diversion, which makes presenting the circumstances that brought the defendant before the court critical to whether diversion is granted.