Pretrial Diversion

What is Pretrial Diversion?

Pretrial Diversion is a discretionary program offered by the prosecutor to an individual charged with certain minor offenses (e.g., theft, marijuana charges, public intoxication, and illegal consumption or possession of alcohol). The charges are dismissed if the individual successfully completes the terms of the Pretrial Diversion program.

For more information, schedule a consultation today.

What are the terms of the Pretrial Diversion program?

The terms of the Pretrial Diversion program vary by offense, but may include the following terms:

  • Do not commit a new criminal offense.
  • Pay all program fees.
  • Perform community service.
  • Complete an alcohol or drug class.

The terms are discretionary and Scott Bieniek can help you negotiate more favorable terms.

What are the costs of the Pretrial Diversion program?

The costs vary based on the terms of the Pretrial Diversion program. In Putnam County, the base fees are $334.00.

What happens if I successfully complete the Pretrial Diversion program?

The charges will be dismissed if you successfully complete the Pretrial Diversion program. A criminal background check will show that you were charged with the offense and that it was dismissed. If asked about the charge, you will be able to answer “no” to any question about whether it resulted in a conviction.

In most cases you will be eligible to expunge (seal) the records of the criminal charge after you complete the Pretrial Diversion program.

What happens if I do NOT successfully complete the Pretrial Diversion Program?

If you fail to successfully complete the terms of the Pretrial Diversion program the court will enter a judgment of conviction and the charges will appear on your criminal record.