A St. Louis couple was enjoying a meal with their family when they realized that a group of rioters had broken down their gates and broken into their private property. The husband and wife both brandished legal weapons and told the rioters to leave. St. Louis prosecutor Kim Gardner charged the couple with felony unlawful use of a weapon, a serious crime that carries a sentence of up to four years in jail if convicted. Gardner told the Associated Press that she was recommending a diversion program that would require them to complete community service rather than jail time.
Some news sites have reported that the Missouri Attorney General has intervened and dropped all of the charges against the couple. Legal sources in the city of St. Louis have said that the charges have not been officially dropped as of yet, though the Missouri Attorney General has filed a petition to do so.
What are Diversionary Programs?
Instead of serving time in jail, those in diversionary programs need to spend a designated amount of time doing community service and meet the terms set forth in the program. After the defendant completes the program, the court will either remove the conviction from the defendant’s record or list the crime as a lesser offense.
Diversion programs only happen after the defendant pleads guilty to the crime or is convicted of the crime. These programs are designed to give the individual an opportunity to avoid serving jail time. They offer the defendant a form of rehabilitation.
Many people facing charges for the first time are terrified of going to jail, especially innocent first-time offenders. Diversionary programs can be incredibly appealing. Innocent gun owners are concerned that if they need to use their legally owned weapons to protect themselves and their property, malicious prosecutors will bring criminal charges against them
Should You Agree to Go to a Diversionary Program?
What happens if you are charged with a crime related to self-defense and the prosecutor recommends a diversion program? Should agree to go through the program as part of a plea deal when the prosecutor offers a diversionary program?
The advantage of agreeing to a diversion problem is that you will not need to go to jail and may be in a position to get the charges dismissed as a result of completing the diversionary program. However, if you are innocent and did not commit the crime you are accused of, it is often worth going forward with the criminal trial. If you were protecting yourself, your family, or your property, then you can raise an affirmative defense of self-defense at trial. It is always a good idea to talk to an experienced lawyer before you plead guilty to a crime or enter into a diversion program.
Contact Our Experienced Criminal Defense Lawyers
If you are facing a criminal charge in Illinois, we can help. When you need an attorney, experience matters. With decades of experience, we know how to effectively advocate for our clients. Contact the experienced lawyers at Glasgow & Olsson today to schedule your initial consultation and learn how we can advocate for you.