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    Speak Up! - View Question #573


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    Question: If I am charged with a felony and have used diversion on a 4th degree assault can I still use diversion for the felony?

    Answer: In Arizona juvenile courts, diversion (an out-of-court way to handle a criminal or delinquent charge) is something that can be made available whenever the prosecutor wants it to be available. In other words, you can ask for a diversion agreement on a felony. It is up to the state to say yes or no. The state can decide that some types of charges will go to diversion automatically. All other charges must go to the prosecutor to decide on an individual basis whether to divert the case or file a petition for court action. See A.R.S. 8-230.


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