What is Pretrial Diversion? An Alternative to Traditional Prosecution

As criminal defense attorneys, we often get asked, “What is a pretrial diversion program?” A pretrial diversion program is a program that’s authorized by law that allows the prosecutor’s office in a case and the defendant or the defendant’s attorney to come to an agreement.

If the person who’s charged with the crime ends up doing certain things at the end of that case or at the end of doing those things, the prosecutor’s office will do some things on their end as well.

How Does a Pretrial Diversion Program Work?

Typically, these programs involve the accused:

• Not having to admit guilt in many circumstances
• Completing community service work
• Attending classes
• Participating in counseling
• Paying court fees
• Undergoing drug testing
• Being supervised by a court supervision officer or probation officer

Then, at the end of completing all the things that they’ve agreed to, the prosecutor’s office will usually either dismiss the charges, dismiss some of the charges, or reduce some of the charges, depending on the terms of that agreement.

Eligibility for Pretrial Diversion Programs

These programs are different from court to court and from county to county. You may see that in one county they do certain things, while in another county they may do other things. The criteria for being able to get into these programs can be different from county to county as well.

They can be different from charge to charge, and some counties have more informal programs, while other counties have very strict and stringent requirements for their programs.

The other thing to be aware of is that just because somebody doesn’t appear to potentially qualify for a program at first glance doesn’t mean that it still can’t be negotiated with a prosecutor if there is a situation that makes it appropriate to do some sort of a pretrial diversion program in a particular case.

Common Types of Cases Eligible for Pretrial Diversion

We typically see pretrial diversion programs for:

• Underage possession of alcohol
• Shoplifting offenses
• Marijuana possession
• Some felony drug offenses

These programs are usually available for first-time offenders or those who haven’t been through a pretrial diversion before. With that said, again, those things can potentially be negotiated on a case-by-case or county-by-county basis. So don’t ever assume that you can or you can’t get into a particular program.

Benefits of Legal Representation in Pretrial Diversion Cases

Having a law firm assist you with a case potentially eligible for pretrial diversion can help:

• Improve your chances of getting into the program
• Ensure the best possible terms for your situation
• Set you up for success in completing the program
• Ensure you understand all requirements for successful completion

If you’re dealing with a criminal, traffic, or juvenile case in Georgia and you’re wondering if your case may be eligible for a pretrial diversion program, or if you want to try to get help getting into a pretrial diversion program or to help be successful through the course of that pretrial diversion program, please contact our office for a defense strategy meeting.

A member of our team will be happy to meet with you and go over the situation that you’re dealing with to see if it’s something that we can help you with.