Kentucky Motion For Pretrial Diversion of Class D Felony is a program offered by the state of Kentucky to provide an alternative to prosecution for certain eligible individuals who have been charged with a Class D felony. The program allows a defendant to receive a deferred prosecution in lieu of conviction, which can result in the charges being dismissed after successful completion of the program. Types of Kentucky Motion For Pretrial Diversion of Class D Felony include pretrial diversion for violent offenses, drug offenses, and non-violent offenses. Each type has specific eligibility requirements and conditions that must be met in order to participate in the program. The program typically includes court-ordered supervision, drug testing, community service, and other requirements. Successful completion of the program can result in the charges being dismissed and the defendant's record expunged.
Kentucky Motion For Pretrial Diversion of Class D Felony
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FAQ
A judicial diversion is different from the pretrial diversion: The defendant must plead guilty or nolo contendre to the charges. If the defendant completes the probationary period, the sentence is not imposed and the defendant can seek to have the charges expunged.
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.
In applying for pretrial diversion, counsel for the defendant must state, and the defendant must agree on the record, that in the event diversion is granted, any right to a speedy trial or disposition of the charge against him/her is waived.
If the Defendant is SUCCESSFUL and completes diversion without violation, the case will be DISMISSED and voided from the Defendant's record. 60 days after dismissal, the Defendant may move the court to Expunge the charges entirely.
Upon successful completion of the pretrial diversion program, the charges against the Defendant shall be dismissed with prejudice provided the Defendant has no other charges pending.
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.