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Criminal Law

: Tenth Circuit Blog

Pretrial Diversion Not a Conviction

By Shari Allison

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Arroyo v. Starks, 2009 WL 4827370 (12/16/09) (Published) - There is no habeas remedy to challenge a case resulting in pretrial diversion. Such a case at most anticipates a conviction. It does not involve a conviction. Consequently, the plaintiff can challenge the false arrests that led to the pretrial diversion through a § 1983 suit.

Full post as published by Tenth Circuit Blog on December 22, 2009 (boomark / email).

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