What Is a Pretrial Diversion Program in Georgia?

What Is a Pretrial Diversion Program?

A pretrial diversion program is a way to close a criminal case without a trial. The prosecutor runs it. You finish a set of tasks – such as classes, community service, paying back a victim, and a period of supervision – and in exchange the charges are usually dropped.

If you are asking what is pretrial diversion program, the short answer is this: it gives those who qualify a way to deal with criminal charges without a trial and without a conviction on their record.

In Georgia these programs rest on a pretrial intervention and diversion statute. It lets district attorneys and solicitors-general set up and run pretrial intervention and diversion programs. Solicitors and prosecutors in state, probate, magistrate, and municipal courts may also set up programs for the cases they handle.

The goal is simple. Diversion clears crowded court dockets, gives first-time or low-level offenders a shot at avoiding a criminal record, and puts treatment ahead of punishment. Instead of pushing every case to trial, a prosecutor can steer the right ones into steps that deal with the conduct but leave no conviction.

How Pretrial Diversion Works in Georgia

The path is much the same across the state, though the details change from county to county.

First, charges are filed, or about to be filed. The prosecutor's office then checks you against the program's written rules. If you look like a fit, defense counsel can push for a spot and bargain over the terms of entry.

You then sign a written agreement to join. It may ask you to admit certain facts, or to give up rights such as the right to a speedy trial. Once you are in, the court holds the case while you work through the program.

Most Georgia programs ask for some mix of program fees, drug tests when drugs or alcohol are part of the case, treatment or class hours, community service, money paid back to a victim, and regular check-ins. Under Georgia law, program fees not to exceed $1,000.00 per participant may be assessed by the prosecuting attorney. That fee may be waived in part or in whole, or made payable in monthly increments, upon a showing of good cause.

The exact terms – how long it runs, which classes you take, how often you report – change from county to county. One county's program can look very different from the next.

A participant who successfully completes the program usually sees the charges dismissed or nolle prossed. Fall short and the case can go back on the trial calendar.

Pre-Arrest Diversion vs. Pretrial Diversion

Pre-arrest diversion and pretrial diversion chase the same goal, but they come at different points in a case.

Pre-arrest diversion steps in before charges are ever filed. It usually happens at the officer or intake stage and steers low-level cases out of the criminal justice system. In many cases no arrest record is made at all. These programs tend to cover small drug cases, minor shoplifting, and other nonviolent conduct where an arrest may do more harm than good.

Pretrial diversion comes later – after the arrest and the charge, but before trial. The arrest is already on record. The prosecutor agrees to hold the charges while you finish the program.

The difference is timing, and what it leaves behind. Pre-arrest diversion may keep an arrest record from ever being made. Pretrial diversion deals with charges that are already on the books.

Not every Georgia county offers pre-arrest diversion. Whether it exists turns on local law enforcement, the prosecutor's office, and the money and staff put behind it. A lawyer who knows the local courts can explain which options are open in your case.

Is a Pretrial Diversion a Conviction?

Is a pretrial diversion a conviction? In most cases, no. Finish the program and the charges are usually dropped before any court rules on guilt. If the case ends in dismissal rather than a guilty plea or a finding of guilt, the outcome is not a conviction.

A few wrinkles matter here.

First, joining may mean signing an agreement that admits facts or gives up rights. If you later wash out, that admission can shape how the case goes when it lands back on the trial calendar.

Second, the arrest record can live on even after the charges are dropped. Georgia law has a process for restricting access to criminal history record information. When all charges are dismissed or nolle prossed, access to that arrest record must be restricted, which closes it to private persons and businesses.

The statute lists exceptions – one is a dismissal the prosecutor says came from a plea agreement that convicted you of another charge in the same incident. For arrests before July 1, 2013, restriction must be requested in writing from the arresting agency, and the clerk of court's file stays public unless a judge orders it sealed.

Third, the side effects can last. Job background checks, license applications, immigration cases, and security clearance reviews may still turn up the arrest after the charges are gone. A dropped charge beats a conviction, but it is not invisible.

Before you say yes to diversion, talk with a licensed Georgia criminal defense lawyer about what it will mean for your record, your job, and the next background check.

Who Is Eligible for Pretrial Diversion in Georgia?

Who gets in varies by office, but Georgia law sets the frame. Under Georgia law, written eligibility guidelines must be created by the prosecuting attorney and must consider the nature of the crime, the offender's prior arrest record, and the notification and response of the victim.

In practice, first-timers with nonviolent or low-level charges have the best shot. Many programs aim at small drug cases, shoplifting, and minor property crimes. Acceptance is at the discretion of the prosecuting attorney, exercised under that office's written guidelines.

Some charges are shut out by law. No prosecuting attorney may accept an offender into the program for an offense that carries a mandatory minimum sentence of incarceration or imprisonment that cannot be suspended, probated, or deferred.

Past that floor, each office writes its own rules. Some counties leave out DUI charges. Others leave out crimes that badly hurt a victim. Because the rules shift from county to county, a lawyer who knows the local office can judge whether diversion is realistic on your charge.

Benefits and Risks of Entering a Diversion Program

The upside can be real. Successful completion ordinarily leads to dismissal of the charges, which means no conviction on the defendant's record. It can also end a case faster than a trial. Some programs open the door to mental health or substance abuse treatment, classes, or counseling.

The risks deserve the same weight. Fees, time, and strict rules can wear on a person. Some programs make you admit facts or give up defenses at the door, which can weaken your hand if the program fails. Wash out and the case goes back on the trial calendar, sometimes from a worse spot than before.

And the arrest record itself still exists after restriction – the process limits who may see it rather than erasing it. Depending on the facts, the arrest may still show up on a background check after the charges are dropped.

Whether the upside beats the risk turns on the charge, the program terms, and your own facts. A lawyer can help you weigh them before you decide.

Speak With a Georgia Criminal Defense Attorney About Diversion

Whether pretrial diversion or pre-arrest diversion is the right path turns on the charge, the county, and your own history. A lawyer who knows the local prosecutor's office can judge whether you qualify, push for a spot, and explain what diversion will mean for your record and your next background check.

At William C. Head, PC, our criminal defense lawyers take cases across Georgia and know how diversion works from county to county. If you are facing criminal charges and want to know whether diversion is on the table, contact us for a free consultation. We will go through the facts of your case and lay out your options.

Frequently Asked Questions

Does Pretrial Diversion Go on Your Record in Georgia?

Finish the program and the charges are usually dropped. The arrest record itself can still exist. Once all charges are dismissed or nolle prossed, Georgia law requires access to the arrest record to be restricted, subject to the exceptions the statute lists. Arrests before July 1, 2013 need a written restriction request to the arresting agency, and sealing the clerk of court's file takes a separate petition.

How Long Does a Pretrial Diversion Program Last in Georgia?

How long it runs varies by county and by office. Each office sets its own terms. The length can turn on the offense, the steps you are asked to take, and how well you keep up. Ask your lawyer to read the program terms before you sign anything.

Can You Be Denied Entry into a Pretrial Diversion Program?

Yes. Entry into pretrial diversion is at the discretion of the prosecuting attorney, based upon written guidelines. Georgia law prohibits admission for offenses carrying a mandatory minimum sentence of incarceration that cannot be suspended, probated, or deferred. Past that bar, each office applies its own written guidelines. A criminal defense lawyer can argue your case for a spot.

What Happens If You Fail a Pretrial Diversion Program?

If you do not meet the program's terms, the prosecutor may put the case back on the trial calendar. The original charges can then go forward as any case would. Anything you admitted or gave up at the door can shape what happens next. Talk with a lawyer before you enter so you know what failure would cost.

Will a Background Check Show a Dismissed Case After Diversion?

It may. A dropped charge is not a conviction, but the arrest can still show up on a background check. Employers, licensing boards, and others may see it after a dismissal. Georgia's record restriction process can limit public access to that information, but certain agencies and purposes remain exempt from restriction. A lawyer can tell you whether your record qualifies for restriction.