Nebraska Agreement for Pretrial Diversion

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US-03306BG
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Description

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.

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FAQ

Juvenile pretrial diversion is a voluntary program available to youth charged with an offense before adjudication. Youth are referred to a pretrial diversion program by their county attorney or city attorney who determines the eligibility of the alleged offender.

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.

Criticisms of diversion programs Diversion programs are criticized as being unduly lenient, because they allow offenders to be sanctioned in an unconventional manner. Some may feel that if an offender is not incarcerated, then the punishment is not severe enough, and justice has not been served.

Program participants are expected to pay a program fee of $260 (for Level 1) offenses, $340 (for Level 2) offenses or $660 (for Felony) offenses to cover the cost of administering the program.

The Douglas County Diversion Program is a voluntary program that offers a one-time chance for a person charged with certain crimes to earn a dismissal of the charge. Anyone who wants to take advantage of this opportunity must meet the Program's eligibility criteria and agree to abide by all terms and conditions.

Those that are involved in the court process and get a response from the Judge stating their case has been dismissed still have the responsibility to complete their Diversion Program as contracted. A Diversion Program generally is six months in duration.

A fee is charged and participants are required to complete a minimum of 24 hours of volunteer work. In addition, participants must not be convicted of any offense during the pretrial diversion period. If a participant does not comply with the terms of pretrial diversion, the charge can be refiled.

Payments/Costs Funds collected through the Misdemeanor Diversion Program are for the costs of prosecution. You will be charged $150 for each defendant. (There is a 2.75 percent convenience fee ($4.13) for payments by credit card or a $0.50 convenience fee for eCheck payments.)

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Nebraska Agreement for Pretrial Diversion