HAVE YOU BEEN CHARGED WITH A NON-VIOLENT MISDEMEANOR CRIME AND HAVE NO OR LIMITED PRIOR CRIMINAL RECORD?
WOULD YOU LIKE THE OPPORTUNITY TO KEEP IT THAT WAY?
The MISDEMEANOR DIVERSION PROGRAM created by District Attorney Daniel Kaminsky allows you to earn a dismissal of your charge.
Think You’re Eligible?
After reviewing this page, if you think that you are eligible for the Non-Violent Misdemeanor Diversion Program and want to participate, here’s what you can do:
- Contact your attorney, if you are represented, and let them know of your interest in the program.
- If you are not represented, call the Fond du Lac County District Attorney’s Office at (920) 929-3048 and ask to speak to the Diversion Coordinator, Laura Kohl.
The Non-Violent Misdemeanor Diversion Program is a 12 month period of supervision during which a participant’s criminal case is suspended. It allows offenders the opportunity to demonstrate their rehabilitation and in return have their misdemeanor case dismissed.
During the 12 month period, the offender will work with the Diversion Coordinator, an Assistant District Attorney who’s job is to supervise participants in the program.
Each offender will be required to complete certain tasks or activities during their supervision, as well as not committing any further illegal acts. Supervision requirements depend upon each individual offender. Examples of such requirements are the payment of restitution, counseling, and/or community service.
Participants are required to maintain regular contact with the Diversion Coordinator and provide verbal or written reports of their progress.
What are the Costs?
The standard fees are a $150.00 start-up fee, and a $25.00 per month supervision fee thereafter. These fees are paid to the District Attorney’s Office and held in a segregated account solely to be used for the program. Without these fees, the program cannot continue. All questions about fees should be directed to the diversion coordinator or District Attorney.
There are many types of criminal cases in which the offender is eligible. The case must be a non-violent misdemeanor.
Generally, a person charged with a non-violent misdemeanor who is age 25 or under, or any age if charged with a drug related offense, may qualify if:
1. They have no more than three prior convictions in their lifetime;
2. They have no felony convictions;
3. They have no more than one conviction in the last three years;
4. They have no previously participated in this or a similar program elsewhere;
5. They intend to remain in the U.S. for the duration of the program, with certain exceptions.
Even if you do not meet the above requirements, you should still inquire about your eligibility for the program. Exceptions may be available in the discretion of the Diversion Coordinator and District Attorney.
Where Do I Sign Up? (and how it works)
Entry into the program occurs after you have been formally charged with a crime. You or your attorney may contact the Diversion Coordinator first, or you may receive a call if your case is initially screened for eligibility.
The next step is contact with the Diversion Coordinator. At this time the requirements and benefits of the program will be discussed and the offender will have an opportunity to give their input into what services/programs might be useful. If you agree to enroll in the program, a written agreement is signed.
The agreement is called a Deferred Judgment Agreement. It will require that the you appear before a judge and enter a guilty or no contest plea to at least one of your misdemeanor charges.
After the judge approves your agreement, the 12-month supervision program will begin. It is important to complete all of your requirements and responsibilities under the agreement to avoid revocation. Revocation occurs when you fail to live up to your end of the bargain.
Successfully completion of the program results in your charge(s) being dismissed with no conviction on your record.
If you are revoked, you will appear before a judge and be sentenced on the charge.