This Motion for Pretrial Diversion is an official form used by the Commonwealth of Kentucky in criminal matters, and it complies with all applicable codes and statutes. USLF updates all forms as required by statutes and law.
Louisville Kentucky Motion for Pretrial Diversion of a Class D Felony
Category:
State:
Kentucky
City:
Louisville
Control #:
KY-AOC-347
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PDF
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FAQ
Under the rules of Criminal Procedure, the grand jury must indict the defendant within sixty days, or the defendant is discharged from bond and either released from custody, or their money is refunded.
Class D: Class D felonies in Kentucky include possession of a firearm by a convicted felon, unauthorized use of a credit card involving a sum of money between $500 and $1,000, stalking in the first degree, possession of a controlled substance, and wanton endangerment in the first degree.
There are two general types of diversion programs: informal and formal. Informal or caution or warning programs are the least invasive and serve to divert youths out of the system with little to no further action.
A diversion is an alternative procedure in a criminal case where the prosecution is interrupted through a deal between the defendant and the prosecutor where the prosecutor either dismisses the charges completely or does not bring any charges to begin with.
Employing diversion programs rather than going through the formal system is a more productive way of addressing and preventing future delinquency, thus reducing recidivism. It grants youth the chance to alter their trajectory and decision making moving forward without unnecessary and long-lasting punitive consequences.
Deferred Prosecution - In Deferred Prosecution, the Defendant and the Commonwealth agree, with Court approval, to pass the case on the active docket for a period not to exceed 24 months.
When diversion programs fail, individuals suffer, tax dollars are wasted, victimization is increased, and the system loses credibility, and in some of these cases diversion can actually be more expensive than normal processing, because offenders later have to be reprocessed and possibly incarcerated.
A: A pre-trial conference is a proceeding in which the judge determines if the defense and prosecution have come to an agreement on a plea of guilty. If so, the judge swears in the defendant and takes the plea of guilty on that date.
DEFINITION. Pre-trial diversion is the postponement of imposition of sentence upon any person who qualifies for this program, subject to certain conditions established by the Court, for a period not to exceed two (2) years.
Effect of Pretrial Diversion on Immigration Applications Pretrial diversion or pretrial intervention that does not require a formal plea before the court, and that results in the ultimate dismissal of the charges, will avoid a conviction for immigration purposes.