If you committed a crime and do not want to go to jail, you may be able to avoid doing so under certain circumstances. Many people who commit crimes in Georgia are eligible for a program called pre-trial diversion. This is a voluntary program that allows some defendants to avoid traditional criminal justice processing and prosecution by participating in alternative forms of punishment.
Instead of going to jail, defendants may participate in pre-trial diversion, which is an alternative program that involves various forms of supervision and services before a trial begins. The pre-trial diversion program is intended to help first-time offenders address issues related to their criminal charges.
Pre-trial diversion is voluntary and requires a signed agreement by the offender. If they complete the program, they will not be charged with any crimes. However, a person who does not complete the program will be subject to prosecution.
What the Law Says
Under O.C.G.A. § 15-18-80, prosecuting attorneys are authorized to administer a Pre-trial Intervention and Diversion Program in Georgia. Such a program is designed for low-risk and low-need offenders who have committed minor crimes that did not result in serious injury to a victim. The program is designed to provide education, counseling, treatment, and community service to individuals who have committed crimes rather than putting them in jail. At the same time, restitution is provided to the victims of these crimes.
Entry into the pre-trial diversion program is at the discretion of the prosecuting attorney based on various guidelines. The prosecuting attorney must consider the following:
- The nature of the crime
- The prior arrest record of the offender
- The notification and response of the victim.
An offender cannot be accepted into the pre-trial diversion program if they committed an offense for which the law provides a mandatory minimum sentence of incarceration or imprisonment. The prosecuting attorney may assess a fee of no more than $1,000 for entry into the program. Such fees may be waived or made payable in monthly increments.
Eligibility for the pre-trial diversion program is based on the following:
- The participant must be at least 17 years old.
- The participant must have a government-issued identification.
- The participant must be willing to comply with drug screening
- The participant must waive or give up certain constitutional rights.
- The participant must agree to pay all financial obligations due to the crime, which may include legal fees, program fees, and drug screening fees.
Contact Our Atlanta Criminal Defense Lawyers Today
Pre-trial diversion may be a great option to help you avoid jail time for minor crimes. It can also help you make better decisions so you can avoid committing the same crime in the future.
The criminal defense lawyers at Ghanayem & Rayasam can help you get the best outcome possible after being accused of a crime. Contact us today to see how we can defend you from the charges you face. Schedule a consultation today by calling (404) 561-0202 or filling out the online form.