How to avoid a felony conviction: Understanding Pre-Prosecution Diversion in Bernalillo County New Mexico
If you or a loved one is facing felony charges in Bernalillo County, New Mexico, you may be wondering how can I avoid a conviction which can have powerful and life altering consequences. If you don’t have a solid defense or simply do not want to run the risk of trial and litigation, you might be interested in a way out. You may have heard about something called “Pre-Prosecution Diversion” (PPD). This program offers an opportunity to avoid a felony conviction with supervision and some treatment.. But what exactly is PPD, and could it be the right option for your situation?
What is Pre-Prosecution Diversion?
Pre-Prosecution Diversion is an alternative to traditional criminal prosecution offered by the Bernalillo County District Attorney’s Office. Often these types of deals arise relatively early in the process of the case. Instead of going through the standard court process, eligible defendants can participate in a structured rehabilitation program designed to address the underlying causes of their criminal behavior.
You can think of PPD as a second chance program. It recognizes that not everyone who makes a mistake needs to carry the burden of a felony conviction for the rest of their lives. For many folks, the real issue comes from substance abuse, mental health problems, or lack of employment opportunity. For others, we really are talking about a one-off mistake that is not likely to be repeated. In either case, PPD can be a great option.
Who Qualifies for Pre-Prosecution Diversion?
Not everyone charged with a felony will be eligible for PPD. The program has specific criteria to identify their candidates. Obviously, the biggest factor is the past record. Typically, this is an offer that goes out to first time defendants or people with only minor records.
You may be eligible if:
- You’re charged with a low-level, non-violent felony offense
- You have no prior felony convictions for violent crimes
- Your current charge does not involve domestic violence, arson, sex offenses, or residential burglary
It’s important to understand that the District Attorney has broad discretion in deciding who gets accepted into the program, and denial of entry cannot be appealed except to other people within their office. This is why having experienced legal representation is crucial when seeking admission to PPD; your attorney may have to negotiate and make your case for the DA.
If you are truly innocent of the charges, or you have some other powerful argument, you may or may not want to do PPD. The aspect about PPD that I like best, is that the merits of the case are never even determined. That means in most cases, you don’t have to admit guilt or give up your defense. If you are willing to follow their terms, the program is quite attractive.
How Does the Program Work?
During your participation in PPD, your criminal case is essentially put on hold, what the court will call a “stay.” This gives you the opportunity to focus on rehabilitation without the stress of ongoing court proceedings. The deal is that the case is frozen while you participate in the program and if you complete it, the case is dismissed with prejudice; that means it is gone for good! If you enter into the program and fail, you go back to you where you started. The DA will require that you waive certain constitutional rights, including the right to a preliminary hearing and a speedy trial. This waiver means that the case will go to the District Court and wait there for you to be in the program.
If you’re accepted into PPD, you’ll work with officials from the DA’s office for a period of about a year. Technically, 6 months is the minimum and 2 years is the maximum, but in my experience, most people can expect a year of supervision. The program supposed to be individualized, meaning your specific requirements will be tailored to address the factors that contributed to the issue at hand.
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Common program requirements include:
- Obtaining and maintaining employment
- Pursuing educational opportunities
- Paying restitution to victims
- Performing community service
- Submitting to regular drug and alcohol testing
- Attending counseling or treatment programs
The Benefits of Successful Completion
The most significant benefit of successfully completing PPD is avoiding a felony conviction altogether. This can have profound implications for your future, including:
- Employment opportunities – Many employers conduct background checks, and a felony conviction can be a significant barrier to finding work
- Housing applications – Landlords often reject applicants with criminal records
- Professional licensing – Many professions require clean criminal backgrounds
- Educational opportunities – Some colleges and universities may deny admission based on criminal history
Beyond avoiding a conviction, PPD participants often find that the program helps push them into counseling, sobriety, employment, or other types of stability. It does force a sort of accountability that can have good long-term effects.
What Happens if You Don’t Complete the Program?
It’s important to understand that PPD will take time, probably a year. If you fail to meet the program requirements or choose not to complete it, your criminal case will resume where it left off. This means you’ll face the original charges and potential penalties, including the possibility of a felony conviction. This is not the best outcome, but other than the passage of time, you won’t be harmed; the case will just continue on as before.
In sum, PPD is a great option for persons with relatively light criminal records. Any offer that will get a case dismissed is worth strong consideration. An attorney that is willing to sit down with you and really talk through the possibilities and then help you get through the process is worth their weight in gold, when the stakes are this high.
This article is for informational purposes only and does not constitute legal advice. Every criminal case is unique, and the outcome of your case will depend on its specific facts and circumstances. If you’re facing criminal charges, please consult with a qualified criminal defense attorney to discuss your options.
