What is pretrial diversion/intervention?

Pretrial diversion/intervention programs are designed to divert a criminal case out of the formal criminal justice system for resolution purposes. Most pretrial diversion/intervention programs are reserved for individuals who are accused of one or more crimes and who have no or very limited prior criminal history. Also, not all offenses qualify for resolution via a pretrial diversion/intervention program. For example, many jurisdictions do not allow sex-related offenses to be resolved by participation in a pretrial diversion/intervention program. It is also not unusual for approval of the alleged victim to be a prerequisite for resolving a criminal case by participation in a pretrial diversion/intervention program.

Participation in a pretrial diversion/intervention program usually requires the participant to sign a contract regarding successful completion of the conditions of the program. Like any other contract, the accused promises to do certain things and the prosecuting authority promises to do certain things. For example, the accused often promises to successfully perform such conditions as not violating the law further, community service, a substance abuse evaluation and any recommended treatment/counseling if substance abuse was a factor in the alleged commission of the crime being diverted, a psychological evaluation and any recommended treatment/counseling if a mental illness was a factor in the alleged commission of the crime being diverted, no contact or no violent or hostile contact with the alleged victim, no return to the offense location, completion of certain self-improvement courses (for example, an anti-theft class when the crime being diverted is a theft related offense or an anger management class when the crime being diverted is a violence related offense) or other similar conditions. In return, at the conclusion of the program, the prosecuting authority agrees to drop the criminal allegations. If the accused does not successfully complete the conditions of the program, then the case returns to court for formal criminal prosecution. The length of and nomenclature regarding pretrial diversion/intervention programs vary from jurisdiction to jurisdiction.

If you are charged with a criminal offense and wish to know whether or not a pretrial diversion/intervention program is available to you and whether or not you should participate in such a program, contact the attorneys at Faulkner Legal Group, P.A. now for a FREE CONSULTATION. Our attorneys are experienced in dealing with issues related to pretrial diversion/intervention programs in criminal cases.