Can I Get Into a Pretrial Diversion Program in Georgia?

As a Georgia DUI Lawyer, many of my clients have been arrested for DUI in Georgia. Sometimes, clients would like to know if there is an alternative to jail time or license suspension. 

There are such alternative sentences in Georgia. One of these alternatives is known as Pretrial Diversion in Georgia. In today's post I will outline this alternative to adjudication. 

It is important for me to note, however, that not all courts have this option. This is why consulting with an attorney is so vital if you or a loved one has been arrested. 

Pretrial Diversion in Georgia

The Georgia Code outlines pretrial diversion programs as:

(a) The prosecuting attorneys for each judicial circuit of this state shall be authorized to create and administer a Pretrial Intervention and Diversion Program. The prosecuting attorney for state courts, probate courts, magistrate courts, municipal courts, and any other court that hears cases involving a violation of the criminal laws of this state or ordinance violations shall also be authorized to create and administer a Pretrial Intervention and Diversion Program for offenses within the jurisdiction of such courts.

(b) It shall be the purpose of such a program to provide an alternative to prosecuting offenders in the criminal justice system.

(c) Entry into the program shall be at the discretion of the prosecuting attorney based upon written guidelines.

(d) The prosecuting attorney implementing said program shall create written guidelines for acceptance into and administration of the program. These guidelines shall include, but are not limited to, consideration of the following:

(1) The nature of the crime;

(2) The prior arrest record of the offender; and

(3) The notification and response of the victim. O.C.G.A. §15-18-80.

If a Pretrial Diversion Program is available for you in your case, then it allows you to complete certain requirements in a specified time period. Once the Pretrial Diversion Program is completed, the charges will be dismissed fully. Then there is the  possibility of expungement of those charges from your criminal record.  

Practice Note

Georgia DUI Penalties are some of the worst in the country. One of our attorneys might be able to resolve your case in such a manner that you will avoid these severe penalties. If you qualify for a Pretrial Diversion Program, you may be able to have all of your charges dismissed and even removed from your criminal record. 

If you or a loved one has been arrested, contact a Georgia DUI Attorney today. If an alternative such as a Pretrial Diversion Program is not suitable for you, there are still many other options left to be explored. Contact us now.