Read this first — before a plea gets entered

Restorative justice and diversion programs exist in New York. Almost nobody gets told that.

If you or someone you love has just been arrested, this is the single most important page on this site — more important than any video about bail, or discovery, or sentencing. Those options exist before a plea. This one only works if you ask for it in time.

Jump to the questions to ask →

Two very different questions

The traditional system asks: what law was broken, and what punishment fits. Restorative justice asks a different question entirely: who was harmed, what do they need to move forward, and whose responsibility is it to provide that.

It isn't softer. Sitting across from someone you hurt and answering for it directly is often harder than a quiet plea and a fine. It's aimed at repair instead of punishment — and in New York, it shows up as three concrete mechanisms that are actually running in courtrooms right now, not theory.

Mechanism 1

Victim-offender dialogue

A facilitated, voluntary conversation where the person harmed describes the real impact directly, and the person responsible answers for it and agrees to specific actions.

Mechanism 2

Diversion programs

The case is paused or resolved outside standard prosecution if specific conditions are completed. Finish them, and a charge can be reduced or dismissed entirely.

Mechanism 3

Community-based alternatives

Structured, supervised programs — job training, treatment, mentorship — that can substitute for jail time, with real accountability built in.

Why this doesn't happen automatically

None of these three mechanisms get offered to you by default. A defense attorney or advocate usually has to specifically request them, and whether it's granted depends heavily on which county and which district attorney's office is handling the case — two nearly identical cases in two different counties can have completely different outcomes.

Here's the part that matters most: a public defender carrying dozens of active cases is not always going to raise this unprompted. That's not a knock on public defenders — it's what a heavy caseload does. And it's exactly why you can't just trust that your lawyer, public or private, will bring it up on their own. You have to know this exists, and you have to ask for it, by name — because you cannot negotiate for an option nobody told you was on the table.

Timing matters more than anything else here. These options have to be raised before a plea is entered — ideally right around arraignment or during the discovery window that follows. Once a plea is entered or a case is sentenced, this window has closed. If someone is already past that stage, see our parole hearing guide instead.

The exact questions to ask your attorney

Whether it's a public defender or a private attorney — ask these directly, in these words if it helps, as early in the case as possible.

1

"Is there a diversion program available for this case?"

This is the single most important question on this page. Ask it at arraignment or as soon as counsel is assigned — not later.
2

"Is this the kind of case where a restorative justice or victim-offender dialogue could apply?"

Most available for lower-level, non-violent offenses — but it's worth asking regardless of the charge.
3

"Has this county's DA's office used diversion or restorative programs for cases like mine before?"

Availability varies enormously by county. Your attorney should know this county's track record — if they don't, ask them to find out.
4

"If I qualify, what would I actually need to complete, and what happens to the charge if I do?"

Get the specific conditions and the specific outcome in writing before agreeing to anything.
5

"If diversion isn't available now, is there anything that changes that later — more information, a different charge, a program completed first?"

Sometimes eligibility isn't fixed at arraignment. Don't assume "not now" means "never."