This Order is an official form used by the Commonwealth of Kentucky in criminal matters, and it complies with all applicable codes and statutes.
Kentucky Order Voiding Pretrial Diversion of a Class D Felony
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FAQ
Definition. Pretrial diversion is the postponement of imposition of sentence upon any person who qualifies for this program, subject to certain conditions, for a period of time not to exceed five (5) years subject to certain conditions established by the Court.
For this reason, effective January 1, 2018 California amended Pen C § 1000 to change it from DEJ to a true pretrial diversion. This pretrial diversion does not require a plea or finding of guilt, and therefore is not a conviction for immigration purposes.
The program is called Pretrial Diversion and if a person is eligible it can allow them to avoid going to prison even if they are actually guilty of the Class D felony they have been charged with. If the program is successfully completed it is even possible to get the charge removed from you criminal record.
Class D: Class D felonies in Kentucky include possession of a firearm by a convicted felon, unauthorized use of a credit card involving a sum of money between $500 and $1,000, stalking in the first degree, possession of a controlled substance, and wanton endangerment in the first degree.
A diversion program, also known as a pretrial diversion program or pretrial intervention program, in the criminal justice system is a form of pretrial sentencing in which a criminal offender joins a rehabilitation program to help remedy the behavior leading to the original arrest, allow the offender to avoid conviction
These felonies can be classified from Class E or F felonies, such as the lowest levels of theft, up to Class A felonies, which carry a life's sentence in prison or the death penalty. Class A felonies are generally murder or first degree intentional homicide.
Most Class D felony convictions (with limited exceptions) are eligible for expungement. KRS 431.073 outlines the process for a person to file an application to have his or her conviction vacated and expunged. If the court grants the application, the original judgment will be vacated and the charges dismissed.
People convicted of Class D felonies in Kentucky face 1 to 5 years' imprisonment.
Category D prisoners are defines as Those who can be reasonably trusted not to try to escape, and are given the privilege of an open prison. It take some time to progress through the various categories; if it is your first offence and it is was a non violent or drug related crime, such as fraud, you may be categories