What Are Pretrial Diversion Programs in Clark County, and Are You Eligible?

If you or someone you care about has been charged with a crime in Clark County, you may be surprised to learn that not every case ends in a conviction or jail time. Washington law offers several alternative resolution programs—commonly called pretrial diversion—that give certain defendants the chance to address underlying issues, complete treatment or community service, and have charges dismissed or reduced.

At the Law Office of Erin Bradley McAleer, we help clients understand whether they qualify for these opportunities and guide them through each step of the process.

What Is a Pretrial Diversion Program?

Pretrial diversion Program is an agreement between the prosecution and the defendant. Instead of proceeding to trial, the defendant agrees to follow certain conditions—such as treatment, counseling, classes, or community service—for a set period of time. If all requirements are completed successfully, the charges may be dismissed or not filed at all.

Clark County offers several structured programs that function as diversion or deferred prosecution, especially for first-time and non-violent offenders. These programs are designed to promote rehabilitation and reduce recidivism, while also easing the burden on the court system.

Common Diversion and Alternative Courts in Clark County

Below are some of the most widely used programs our office helps clients access:

1. Mental Health Court
Clark County’s Mental Health Court is a therapeutic alternative for individuals whose criminal conduct is linked to a diagnosed mental health condition. Participants receive intensive supervision, psychiatric treatment, and community-based support. Successful completion can lead to reduced charges or dismissal.

2. Drug Court
Drug Court provides structured treatment and monitoring for individuals charged with drug-related offenses. Rather than facing traditional prosecution, participants enter a program focused on recovery, accountability, and sobriety. Graduates often have their cases dismissed or charges significantly reduced.

3. Veterans’ Therapeutic Court
For veterans struggling with substance abuse, mental health issues, or trauma, Veterans’ Court offers a specialized docket with support from veteran mentors and treatment providers. This program recognizes the unique experiences of military service and helps eligible participants avoid incarceration.

4. First-Time Offender Diversion
In some cases, first-time offenders charged with non-violent misdemeanors or low-level felonies may be offered a diversion agreement. These arrangements typically require completion of classes, restitution, or community service. If all terms are met, prosecutors will dismiss the case.

Who Is Eligible?

Eligibility depends on several factors, including:

  • The nature of the offense (generally, violent crimes and sex offenses are excluded)
  • Whether you have prior criminal convictions
  • Whether your case demonstrates a connection to mental health or substance abuse needs
  • Your willingness to comply with program requirements and supervision

Prosecutors and program staff conduct a screening process to determine suitability. In many situations, having experienced defense counsel can improve your chances of acceptance by presenting a clear plan for rehabilitation and demonstrating your commitment to change.

How We Help

At the Law Office of Erin Bradley McAleer, we have extensive experience negotiating pretrial diversion and advocating for clients in alternative courts across Clark County. Our approach includes:

  • Evaluating whether diversion or deferred prosecution is an option in your case
  • Preparing documentation and treatment plans to support your eligibility
  • Representing you at hearings and coordinating with program staff
  • Protecting your rights throughout the process

Pretrial diversion can be a life-changing opportunity to avoid the stigma of a conviction and move forward without a permanent criminal record.

If you are facing charges in Clark County and believe you may qualify for Mental Health Court, Drug Court, Veterans’ Court, or a first-time offender diversion program, our office can help you explore your options. These alternatives are not available in every case, but for eligible defendants, they offer a path toward rehabilitation and a fresh start.

Contact the Law Office of Erin Bradley McAleer today to schedule a confidential consultation. We are committed to providing clear guidance, strong advocacy, and compassionate support for every client.