If you are facing a misdemeanor charge in North Georgia, pretrial diversion (PTD) may offer you a second chance. This program allows eligible defendants to avoid conviction and clear their record by completing specific requirements. Here’s what you need to know.
What is pretrial diversion in Georgia?
Pretrial diversion is a program that lets first-time offenders avoid prosecution by completing certain conditions set by the court or prosecuting attorney, such as a district attorney or solicitor-general. If you complete the program successfully, your charges are dismissed. You avoid a criminal conviction and keep your record clean.
PTD programs are typically available for non-violent misdemeanors like shoplifting, simple battery (excluding family violence), minor drug possession or disorderly conduct. Note that offenses like Driving Under the Influence (DUI) are ineligible for diversion in Georgia. Each county in North Georgia may run its program differently, so requirements can vary.
Who is eligible for pretrial diversion?
Eligibility depends on several factors:
- You have no prior criminal convictions or limited criminal history
- Your charge is a non-violent misdemeanor
- The victim, if any, does not object to your participation
- The prosecutor agrees to offer you PTD
Violent offenses, repeat offenses, family violence and certain drug crimes may disqualify you. The prosecutor has discretion over who gets offered diversion.
What does the pretrial diversion process involve?
Once accepted into PTD, you will sign an agreement outlining your responsibilities. Common requirements include:
- Completing community service hours
- Attending counseling or educational classes
- Paying restitution to any victims
- Staying out of legal trouble during the program period
- Submitting to drug testing, if applicable
The program typically lasts six months to one year. You will report your progress to the court or PTD coordinator.
What happens if I complete the program?
Successful completion results in dismissal of your charges. The case is closed, and you avoid a conviction on your record. Under Georgia law, the arrest record is automatically restricted upon dismissal, and you may petition the court to have court files sealed, making the record invisible to most background checks.
What if I do not complete pretrial diversion?
If you fail to meet the program requirements, you will be removed from PTD. Your case returns to court, and prosecution resumes. You will face the original charges and potential conviction.
Should I hire a lawyer for pretrial diversion?
Consulting an experienced criminal defense attorney can help you determine if you qualify for PTD, negotiate favorable terms and ensure you meet all requirements. They can also advise you on whether diversion is your best option or if fighting the charges makes more sense.
If you are facing misdemeanor charges in North Georgia, do not assume you have no options. Pretrial diversion may give you the chance to move forward without a conviction.