What is Pre-Trial Diversion?
Pre-Trial Diversion is a program that the District Attorney's office is offering you in exchange for a dismissal of your charges.
What do I have to do?
The program requires that you pay a program fee and that you pay supervision fees. You may also be required to do one or more of the following: complete an evaluation, complete a course of treatment/counseling, perform community service, refrain from the use of alcohol or drugs, submit to random screens, and/or pay restitution.
How long will I be required to remain in the program?
The length of your program is established by the District Attorney's office based upon the program's written guidelines. One can expect programs to range from 1 to 2 years.
Is there a possibility of being released from the program earlier than the end of the term of the order if I complete all of the conditions required?
Early terminations are approved and established by the District Attorney's office as part of their written guidelines. The possibility of early termination will be made clear as a part of the program order.
How often will I be required to report to the Pre-Trial Supervisor?
The frequency of reporting may be established by the District Attorney's office or the Pre-Trial Supervisor. However, most participants report in-person once per month.
If I don't have all of the money at the time I'm placed in the program, what do I do?
You will be allowed to make monthly payments during the term of the program. Exactly how much time you will be allowed in which to pay is subject to written guidelines of the program.
Will I have to submit to alcohol and drug testing while in the program?
All program conditions are established by the District Attorney's office. If you are required to submit to alcohol and/or drug testing, you will be responsible for the cost of the tests. The frequency of screening is established as a part of the program's written rules.
What happens if I fail an alcohol or drug test?
Failure to avoid alcohol or other substances, both legal and illegal as ordered, may result in your removal from the program at the discretion of the District Attorney's office.
What about other conditions? How long do I have to complete them and do I have to pay for them?
All conditions are ordered by the District Attorney's office. The amount of time you are afforded to complete conditions will be explained clearly to you by your Pre-Trial Supervisor in keeping with the written rules of the program. The program participant is required to pay for any costs associated with program conditions.
How will Pre-Trial Diversion benefit me?
If you choose to complete the program, the District Attorney's office will dismiss the charge(s) against you and you may be eligible to have the arrest record restricted from your criminal history.
What happens if I choose not to accept the Pre-Trial Diversion program?
If you choose not to accept the Pre-Trial Diversion program, the District Attorney's office will proceed with the prosecution of your case.
What happens if I fail to complete all of the conditions in time or if I am arrested for another offense while I'm in the Pre-Trial Diversion program?
Technical violations and/or any new arrests or convictions may result in your removal from the program. You could be subject to all of the same penalties that existed prior to your entry in the Pre-Trial Diversion program.
What happens to my bond?
If you posted a cash bond, it will be returned to you or the surety after you complete the Pre-Trial Diversion program. If you hired a bonding company to post your bond, you probably will not receive a refund.