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One critical area for the use of diversion is nonviolent drug offenses. Because of the large number of drug offenders who are taken into the criminal justice system, jurisdictions around the world have implemented drug courts as a form of diversion.
If the defendant is granted pretrial release, the pretrial services officer will supervise the defendant to ensure they are not a danger to another person or the community, the conditions of their release are met, and they attend all required court hearings.
Cons of Diversion Programs: The offender is forced to admit their crime to the prosecutor and sign a written confession. Only the prosecutor can decide if the diversion contract was fulfilled. The diversion program often ends around twelve months, which might not be enough time for the offender to reform.
Deferred adjudication. For first felony offenses and misdemeanors, a court may defer or suspend imposition of sentence from one to three years during which the offender will be on probation.
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.
(1) If a defendant violates a condition of release, including failure to appear, the prosecutor may make a written motion to the court for revocation of the order of release. A judge may issue a warrant for the arrest of a defendant charged with violating a condition of release.
The offense must be a misdemeanor Texas places numerous restrictions on which kinds of offenses allow someone to qualify for pretrial diversion. Typically, felonies immediately disqualify you. Certain kinds of offenses, like domestic violence charges, are also not eligible for pretrial diversion.
The major objectives of pretrial diversion are: To prevent future criminal activity and promote rehabilitation among certain offenders by diverting them from traditional processing into community supervision and services, including, as appropriate, mental health and substance abuse treatment.