Vermont 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

In a pretrial diversion the prosecutor halts the case against the defendant so that the defendant can meet certain conditions. These conditions can include probation, counseling and community service, among others.

Essentially, to divert a criminal prosecution means the district attorney and the criminal court judge agree to suspend the criminal charges against the defendant if, and until, the defendant fulfills her ?conditions of diversion.? If the defendant fulfills her conditions of diversion, then she will have her criminal ...

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.)

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.

The mission of Vermont court diversion programs is to engage community members in responding to the needs of crime victims, the community, and those who violated the law, holding the latter accountable in a manner that promotes responsible behavior.

Court Diversion is a restorative alternative for individuals charged with a crime. After police issue a citation for violating the law, the State's Attorney decides whether to refer the person out of the court system to the community-based Court Diversion program.

As explained in the video, if you get a pre-trial diversion, the crime you were charged with will be dismissed and will not go on your criminal record ? provided you complete the pretrial intervention program that was part of your diversion agreement. However, the record of arrest will still remain on your record.

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Vermont Agreement for Pretrial Diversion