Featured News 2016 Benefits of Pretrial Diversion

Benefits of Pretrial Diversion

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!

Related News:

Can Cops be Criminals?

Law enforcement officers tirelessly work to uphold the law and protect the rights and safety of citizens. On a daily basis they put their lives at risk as they faithfully and fearlessly tackle some of ...
Read More »

Define the Law: Mandatory Minimum Sentences

One of a judge’s chief powers is to issue sentences according to his or her judgement. Their role is to consider the law, consider the facts, and pass a sentence that’s fair and just in ...
Read More »

Arrested for a DUI This Holiday?

With an estimated 43.4 million people on the road this Thanksgiving holiday, not only does the accident rate spike up, but the number of police patrols and DUI checkpoints increases as well. With law ...
Read More »