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.
New York Agreement for Pretrial Diversion
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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.
Deferred adjudication relates to criminal cases and specifically to the sentencing phase for crimes. With deferred adjudication, there is no conviction, and the court defers or postpones the adjudication of the criminal case pending the completion of community supervision and satisfaction of additional conditions.
These programs offer alternative means for people to pay their debt to society that avoid incarceration and aim to set them back on the right path. If you were charged with a minor crime you may be able to participate in a pretrial diversion program and see your charges dropped as if your arrest never happened.
Pretrial Diversion is a program that is designed to preserve prosecutorial and judicial resources for serious criminal matters and to provide alternative treatment and intervention to those individuals for whom traditional prosecution may be less effective.
After arraignment, as an eligible defendant, you are given the opportunity to choose the Judicial Diversion Program as an alternative to the regular court process. If you abuse alcohol and/or drugs and are eligible for the program, your Case Manager will work with you to build a treatment plan.
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.
Diversion eligibility requirements Programs typically last between 12 and 24 months, with an average duration of 18 months. The program is tailored to the defendant's particular case, and for drug possession cases, it may include substance abuse counseling, detox, and evaluation.
