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In pretrial diversion, the prosecutors defer any sort of prosecution, and failure to complete your probation results in those proceedings continuing. But under judicial diversion, if you fail to complete the probationary period, you will be found guilty of the charges against you.
Misdemeanor pretrial intervention is a diversion program authorized by State Statute to permit defendants who have not been previously convicted of more than one prior non-violent misdemeanor to complete certain penalties in exchange for a legal dismissal of the charges.
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. Many pretrial diversion programs involve counseling and treatment.
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.
Pre-Trial Intervention The program is a minimum of one year and a maximum of three years. While in the program, offenders are required to report, pay a supervision fee, be drug tested (at their expense) and pay restitution, if applicable.
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