Can the court divert the sentence and impose fines or costs on the defendant?
YES. Sorry, that’s not correct. You cannot divert a sentence and impose a fine and/or costs at the same time because courts cannot both divert and impose sentence for the same crime. A diversion is controlled by UCA§ 77-2-5. The diversion must take place before a conviction is entered. Fines may only be imposed after a conviction, UCA§ 76-3-301. If a defendant is not convicted she cannot be required to pay costs, UCA§ 77-32a-1.
