If you were recently arrested for your first criminal offense, you may be interested in a pretrial diversion program. These programs are voluntary and in the legal and law enforcement communities, are considered excellent alternatives over traditional sentencing.
There is a growing body of evidence that these programs help offenders with alcohol and substance abuse problems. Generally, when an offender completes a pretrial diversion program, his or her charges will be dismissed.
Not all offenders are permitted to participate in these programs. In New York City for example, only first-time offenders who have committed non-violent misdemeanors may apply. Diversion programs typically include:
- Counseling
- Drug and alcohol testing
- Drug or alcohol treatment
The courts recognize that a good percentage criminal acts are traced back to drug and alcohol dependency. That being said, diversion programs aim to reduce crime by addressing the underlying factors (the driving forces) that led the person to engage in criminal behavior.
The goal of these programs is to target nonviolent offenders who are better served by treatment and rehabilitation rather than criminal sanctions.
By strategically finding the root cause of criminal behavior, the pretrial diversion program aims to help the individual live a life of sobriety and become a valuable member of society.
Diversion is for Nonviolent Offenders
While the states have their own pretrial diversion programs, they all tend to have one thing in common: they are for nonviolent offenders. The most common types of offenses committed by program participants, include drug, theft and fraud-related offenses.
Some programs focus on drug-related offenses, for example, in Dallas County, Texas, it has what's called DIVERT Court, which was established on May 1, 1998. To be accepted into this program, an offender must be diagnosed with a substance abuse problem and charged with a first time felony, a 3rd degree felony, or a state jail felony.
To learn more about the pretrial diversion programs in your area, contact a local criminal defense attorney!
