Adult Diversion Eligibility Requirements

Adult Program Description

The 22nd District Diversion Program is an alternative to the traditional court process for eligible juvenile and adult offenders. . The 22nd provides separate adult and juvenile diversion programs, each with different eligibility requirements. The primary goal is to prevent further contact with the police and criminal justice system by providing a variety of services to meet individual, family and community needs. These individuals are referred to as clients, and participate in Diversion. Clients are assigned to programs based on their needs, and the length of time on Diversion varies depending upon the individual needs of the client

Adult Diversion Eligibility

In general, clients who have committed a Felony 3, 4, 5 or Felony 6 property offense and/or a Misdemeanor 1, 2 or 3 are eligible for Diversion. Individuals who commit a misdemeanor or felony property offense, and meet the following criteria may be offered Diversion services in lieu of formal court proceedings. Diversion does not discriminate due to ethnicity, gender, sexual orientation or socio-economic status.

Adult Clients must meet the following criteria:
  1. Clients do not have any prior felony convictions, the District Attorney has discretion in cases of non-DUI traffic offenses.
  2. Clients do not have any prior convictions or deferred judgements for violent offenses including misdemeanor assault and sexual harassment.
  3. Clients do not have prior convictions of deferred judgements for violations of protection orders or bonds.
  4. The restitution amount must be within what a reasonable person can pay within a 12-month period, approximately $1200
  5. In the case of Drug Offenses the client has no prior drug convictions or deferred judgements except for marijuana possession.
  6. In cases of Driving Under the Influence (DUIs) clients must have

A. A Blood Alcohol Content (BAC) under .20
B. No prior convictions or deferred judgements within 15 years
C. No injuries as a result of their actions to secondary party or vehicle
D. No attempts made to elude officers
E. No Co-occurring 12 point traffic offenses
F. No co-occurring non-traffic criminal conduct such as obstruction of governmental operation or resisting arrest.

Contact DISTRICT ATTORNEY 22nd Judicial District

Matthew Margeson, District Attorney
DISTRICT ATTORNEY 22nd Judicial District
109 West Main Street
Cortez, CO 81321
Phone: (970) 565-3788
FAX: (970) 565-9396

Office Hours: Monday – Friday, 8 am – 4 pm


District Attorney

Matthew Margeson
Contact Montezuma County District Attorney
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