How to define the arrest in the Diversion Form?

Be the terms of a diversion, the information you divulge in the application form is, generally, not to be used against you in any prosecution. The only exception to this is in a situation wherein a defendant elects to testify, and testifies contrary to the information provided in the application form. In that situation, the prosecution could, in theory, use the information in the diversion application to impeach the testimony of the defendant. Simply put, explain the facts, as you understand them, that led up to your arrest. If you think that you understand the basis for the arrest, explain what happened in your own words. If you feel that you could have handled the situation in a better way, you should address that. If you feel that your actions were not in character with your general personality, explain what happened that caused you to act in the manner that you did at the time of the incident. If you can suggest a way that such a situation could be avoided in the future, add that information. HOWEVER, be very careful as to suggest that you were not at fault. I have seen several diversion applications rejected, over my 30 years of law practice, when a defendant tried to blame others for the situation. The diversion personnel will want to see remorse, when possible, and will want to believe that the defendant will not, likely, be at risk for future domestic violence problems. Also, be open to treatment terms (anger management); and be open to terms that do not allow you to consume illegal drugs or alcoholic beverages. FURTHER, if you truley feel that you are innocent of the alleged offense, you should be pursuing a trial - not diversion. I hope this was helpful.

I already told you not to use the letters with your application, but you didn't listen, so I'm not about to give you anymore advice on how to fill out the form. Go talk to a local attorney. Good luck.