Virginia Pretrial Intervention Agreement
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FAQ
The pretrial screening, interview, and background investigation provide the criminal history and community stability of a defendant, including risk factors relating to flight and the potential for continued criminal activity.
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.
Pretrial diversion (PTD) programs divert certain offenders from traditional criminal justice processing into alternative systems of supervision and services.
The drug charges that a court may divert are generally nonviolent misdemeanors involving possession or use, particularly for those who have no recent similar prior felony convictions. Diversion is not available for more-serious felonies involving violence or threats and possession for distribution.
The judicial officer may order a prosecution for contempt if the person has willfully failed to appear in court or otherwise willfully violated a condition of pretrial release. Willful failure to appear in court without just cause after pretrial release should be made a criminal offense.
This time period includes the initial charge, any appearances before a magistrate or the court, bond hearings, and the determination of pre-trial release conditions.
