Petition for extension of diversion period
- conditions
Source:
Section 813.225 — Petition for extension of diversion period; conditions, https://www.oregonlegislature.gov/bills_laws/ors/ors813.html.
Notes of Decisions
Hearing on petition to extend time for completion of diversion program is critical stage in criminal proceeding for which defendant has right to counsel. State v. Gaino, 210 Or App 107, 149 P3d 1229 (2006)
Court may grant extension of diversion period, despite defendant’s violation of alcohol condition during initial period, when court finds that defendant made good faith effort to complete conditions of diversion agreement and that defendant can complete conditions of diversion agreement within extended diversion period. State v. Zook, 307 Or App 49, 476 P3d 508 (2020), Sup Ct review denied
Court may terminate diversion agreement and dismiss charge with prejudice, despite defendant’s violation of alcohol condition during initial diversion period, where, after court grants extension of diversion period and orders defendant to restart alcohol treatment, defendant complies with and performs all conditions of diversion agreement during extension period. State v. Zook, 307 Or App 49, 476 P3d 508 (2020), Sup Ct review denied
Court is not required to revoke diversion agreement and enter guilty plea, despite defendant’s violation of alcohol condition during initial diversion period, where, after court grants extension of diversion period and orders defendant to restart alcohol treatment, defendant complies with and performs all conditions of diversion agreement during extension period. State v. Zook, 307 Or App 49, 476 P3d 508 (2020), Sup Ct review denied
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