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Pretrial Diversion

FAQS 

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What is Pretrial Diversion?

Are there options to minimize the impact of a traffic ticket or criminal charge on a driving record or criminal record?

Many Alabama courts have programs that allow defendants to avoid having convictions placed on their record. These programs are typically referred to as pretrial diversion or deferred prosecution. Pretrial diversion is similar being on probation, except that with pretrial diversion, if the participant satisfies the conditions of the pretrial diversion agreement, then your case will be dismissed. 

How do you enroll in the pretrial diversion?

To be eligible for pretrial diversion you must have a relatively clean record. 

The first step is to ask the court for pretrial diversion. You will then meet with the prosecutor who will determine if you are indeed eligible for the pretrial diversion program.

What is a pretrial diversion agreement?

If the prosecutor determines that you are eligible for pretrial diversion, the prosecutor will draft a pretrial diversion agreement. The requirements of a pretrial diversion agreement vary depending on the nature of the charges: For example, if you are charged with an alcohol related offense, you may be required to undergo substance abuse counseling; if it is a traffic related offense, you may be required to complete a safe driving course.

Does the Court have to approve participation in a pretrial diversion program?

Even if the prosecutor determines you are eligible for pretrial diversion, the judge has the ultimate say.

What happens if you successfully complete the pretrial diversion program?

 If you successfully complete your pretrial diversion program, the charges against you will be dismissed.

Are there other considerations?

Yes. Anyone applying for pretrial diversion, should keep in mind that pretrial diversion programs vary from court to court, many crimes are not eligible for pretrial diversion, and the fees associated with pretrial diversion can be substantial. 

What is a pretrial diversion agreement?

If the prosecutor determines that you are eligible for pretrial diversion, the prosecutor will draft a pretrial diversion agreement. The requirements of a pretrial diversion agreement vary depending on the nature of the charges: For example, if you are charged with an alcohol related offense, you may be required to undergo substance abuse counseling; if it is a traffic related offense, you may be required to complete a safe driving course.

Does the Court have to approve participation in a pretrial diversion program?

Even if the prosecutor determines you are eligible for pretrial diversion, the judge has the ultimate say.

What happens if you successfully complete the pretrial diversion program?

 If you successfully complete your pretrial diversion program, the charges against you will be dismissed.

Are there other considerations?

Yes. Anyone applying for pretrial diversion, should keep in mind that pretrial diversion programs vary from court to court, many crimes are not eligible for pretrial diversion, and the fees associated with pretrial diversion can be substantial.