How can I be forced into a diversion program?
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How can I be forced into a diversion program?
I was recently informed I have an outstanding warrant for failure to pay fees
for a diversion program I NEVER agreed to be a part of. In 2012, I wrote a
check to pay for a renewal on my license plate. Shortly there after, I moved to
a new location and changed my address. In the chaos of the move, I didn’t
notice the check didn’t clear. The next year, I went to the Secretary of State
to renew my tag again and they informed me of the bad check. I paid it at that
time, renewed my plate using a debit card now and went on my way. Now, 5
years later, I have a warrant for not paying fees to a diversion program. I was
placed in this program with a letter I never recieved The prosecutor even
admitted the letter was returned and I don’t feel that I should pay fees for a
program I didn’t agree to be a part of. What can I do? I don’t want to be
arrested since I already took care of the debt but I also don’t feel that I
should have to pay fees for something I didn’t agree to
Asked on March 8, 2017 under Criminal Law, Michigan
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
If you had attended some type of hearing and the judge ordered you into a diversion program, then you could be forced into a diversion program. However, you cannot be sue sponte placed into a program. If you didn't agree to it and a judge didn't really order it, then you are not bound to pay for it. However, it does appear that some paperwork was entered incorrectly and you will eventually need a judge to reverse the effects of the warrant. With that said, the prosecutor should file a motion or request that the warrant be pulled since it was in partly the prosecutor's error. However, if the prosecutor again neglects to follow through, you may have to file your own motion or have an attorney file a motion on your behalf.
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
If you had attended some type of hearing and the judge ordered you into a diversion program, then you could be forced into a diversion program. However, you cannot be sue sponte placed into a program. If you didn't agree to it and a judge didn't really order it, then you are not bound to pay for it. However, it does appear that some paperwork was entered incorrectly and you will eventually need a judge to reverse the effects of the warrant. With that said, the prosecutor should file a motion or request that the warrant be pulled since it was in partly the prosecutor's error. However, if the prosecutor again neglects to follow through, you may have to file your own motion or have an attorney file a motion on your behalf.
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