A Pre-trial diversion is a program in which a defendant essentially is put on probation for a set period of time and his or her case does not go to trial during that time. If the defendant meets the conditions set by the court, then the charge will be dismissed.
Arkansas Agreement for Pretrial Diversion
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The purpose of the PTI program is to afford first-time felony offenders the opportunity to avoid the stigma of a criminal conviction by diverting their case from the trial court process. Defendants charged with a qualifying third-degree felony may be approved for this program.
Drawbacks of diversion programming may include: net widening (assigning diversion programming to youth who otherwise would not have been in contact with the justice system, rather than exclusively implementing diversion interventions on the target population of delinquent youth who without diversion efforts would be in ...
The Pre-Trial Diversion program allows first time, non-violent offenders an opportunity to not have a criminal record if they successfully complete numerous goal-oriented conditions.
Pre-trial Diversion rules and supervision fees are similar to those for probation. Under Pre-trial Diversion the defendant does not plead guilty and is not convicted. If the defendant does not complete Pre-trial Diversion, the District Attorney may reinstate the case to the active court docket and set it for trial.
It's a voluntary program, with pros and cons you need to know before you opt in. Pros: You avoid the charges entirely, as they're dropped once you complete the terms of your pretrial diversion. You avoid prison, so you can continue work and regular activities. Cons: You enter a guilty plea as part of the arrangement.
What criminal offenses are eligible? Generally, diversion programs are for non-violent misdemeanors. If the criminal charge is for a violent or a serious crime, like a felony offense, courts tend to think that it is too much of a risk to release you to a diversion program.
If you fail to complete pre-trial diversion successfully, then your original criminal charge will be refiled against you, and you will be back to square one. You will then have to face all of the potential penalties for a conviction of your original charge, including the potential for jail.
