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.
Tennessee Agreement for Pretrial Diversion
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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.
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.
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.
The charge per request is $100.00. Payment must be received before your request can be submitted for consideration.
If you are eligible and a judge agrees to place you on judicial diversion, you will be required to go on a period of probation, typically from 6 to 18 months. During your probation period, you are required to maintain good and lawful conduct.
Violating the terms set down for you by the court can result in a revocation of your diversion, at which time your guilty plea will be accepted and sentencing will commence. However, if you do comply with all probationary measures, you are given the opportunity to maintain a clean criminal record.
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.
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.
