Dec 16, 2016 · Why Pre-Trial Diversion. A process named “pretrial diversion” is meant to help unburden overburdened courts as it permits low-risk offenders to move forward with their lives. That’s the theory. In reality, it’s not that simple. You’ve been arrested, and even if you get probation, that criminal conviction could trip you up in unimaginable ways. You could get …
It is very important that you realize that NOT GUILTY is NOT the same thing as NO CONTEST or NOLO CONTENDRE. If you enter any plea other than NOT GUILTY, then you will be convicted, the offense will stay on your record forever, and you will be sentenced to several months (probably 12) of probation, a higher fine, community service, and other conditions.
Oct 05, 2011 · In Washington a pre-trial diversion does not require you to admit guilt, but rather to admit to the admissibility of the police report. There are certain conditions agree d to between you and the prosecutor (a contract) whereby you agree to do certain things (law abiding behavior, pay court costs, etc); that if you comply with the conditions then the case is dismissed.
If you qualify, you can apply for the program, and upon completion, the charges against you will be dropped. Pre-trial diversion programs vary across the state, but in general you must plead guilty to your crime in order to participate. This way, the state has leverage against you if you fail to complete the program.
When you appear at your first court appearance (usually your arraignment) you may be given an opportunity to speak with a prosecutor before the judge takes the bench, or you may have to wait until the judge is in the courtroom, then be called upon to enter a plea before speaking with someone.
In exchange for your promise to fulfill these conditions, the prosecutor agrees that once you do, he or she will dismiss your case. Most of the time (and you will want to clarify from the beginning whether or not this is the case) you will be eligible for expungement once your case has been dismissed.
You CANNOT get an arrest expunged in the State of Georgia after being acquitted at trial or after having the charges dropped for any reason other than either completing PTD or having a case dismissed because a key witness asserted a legal privilege not to testify against you.
Thus, "pretrial diversion" refers to diversion that is granted before trial begins. Courts often issue order pretrial diversion as a way to save judicial resources, since the entire trial does not need to be completed.
Diversion is where the defendant is allowed to undergo alternative sentencing options rather than spending time in jail or prison. This type of sentencing alternative focuses on rehabilitation of the conduct rather than on the punishment aspects of the criminal justice system.
An attorney can provide you with legal information and representation for your particular legal issue. Also, your lawyer can inform you regarding any other alternative sentencing options available to you. Jose (Jay) is a Senior Staff writer and team Editor for LegalMatch.
If you meet certain requirements (no prior Class A misdemeanors, no prior diversion or expungement of records), you are eligible for a diversion. Diversions come in two forms: 1) Pre-trial diversion, and 2) Judicial diversion.
You might be thinking, “Well, I know that the police have a lot of evidence against me, so what’s the point?” Imagine that you received a DUI charge. Do you know whether the police made a lawful stop of your car? It’s possible that the evidence that would be used against you was obtained illegally and would be excluded.
a) Getting the Best Deal Possible: Imagine that a prosecutor tells you that you can plead guilty to a charge and receive ten days in jail – is that a good deal or not? The prosecutor then tells you that this deal is only good for the next few seconds.
In a PTD you are assured of case dismissal whereas going to trial you take a chance of being convicted.You need to discuss this with a Atty. as he will look at the state's evidence as well as hearing from you and he will be in a better position to evaluate the case and give you a better opinion than we lawyers on line who have only heard your version of the facts.Usually a PTD requires an admission however the charge is ultimately droped and does not count as a conviction. With a PTD the records can be sealed and/or expunged.
In that event, a defendant who is not a US citizen and who makes an admission of guilt in the PTI program may become subject to deportation...