For the purposes of this article, unless the context otherwise requires, "program" means a special supervision program in which the county attorney of a participating county may divert or defer, before a guilty plea or a trial, the prosecution of a person who is accused of committing a crime, except that the county attorney may not divert or defer the prosecution of a person who:

Terms Used In Arizona Laws 11-361

  • Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • program: means a special supervision program in which the county attorney of a participating county may divert or defer, before a guilty plea or a trial, the prosecution of a person who is accused of committing a crime, except that the county attorney may not divert or defer the prosecution of a person who:

    1. See Arizona Laws 11-361

  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

1. Has been previously convicted of a serious offense as defined in section 13-706, an offense under title 13, chapter 14, a dangerous offense as defined in section 13-105 or a dangerous crime against children as defined in section 13-705.

2. Has been convicted three or more times of either:

(a) Personal possession of a controlled substance as defined in section 36-2501.

(b) Personal possession of drug paraphernalia as defined in section 13-3415.