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This alternative is typically made available prior to trial for criminal accusations involving drugs, alcohol, or domestic violence. Police officers and court officials have always exercised their discretion to prevent the formal processing of offenders. Instead of receiving a conviction at sentencing, however, the State will allow you to withdraw your guilty plea and they will dismiss the charges. Diversion is possibly as old as the justice system itself. Advantages Vs Disadvantages of Pretrial Diversion Program in Texas, keeping your criminal case and immigration status seperate. 407-228-2019 (Orlando). Diversion may also be less costly for the offender. What Are Pretrial Diversion Programs in Texas? Absent approval by the Office of the Deputy Attorney General, any pretrial diversion program created by a U.S. Attorneys Office shall exclude any individual who is: Accused of an offense related to child exploitation or child pornography, or an offense involving sexual abuse or sexual assault; They include but are not limited to: Generally, its a good thing if you have the opportunity for pretrial diversion instead of a conviction. Pretrial Diversion - An Overview | Office of Justice Programs Instead of assisting the community, the diversion program focuses on the offenders rehabilitation. They are not normally issued automatically and must be If the offender successfully completes the program, the case will be dropped or closed in an unofficial capacity. Our editors will review what youve submitted and determine whether to revise the article. The continuation of the current system of pretrial diversion should be reconsidered. The judge has ordered some form of punishment, penalty, or restraint on the aliens liberty to be imposed. The diversion coordinator may require that you complete community service, refrain from drugs and alcohol, submit to random urine and hair screening, install the ignition interlock device for DWI cases, be evaluated for substance abuse, complete counseling sessions, take rehabilitative classes, etc. Pretrial diversion programs have been shown to be time-effective because they keep court dockets from becoming too large by diverting offenders away from Its never advisable to neglect the terms of a diversion program. The better question should be Who gets into diversion? Even prosecutors offices use the term qualify but thats not really what theyre doing. 0000001634 00000 n 0000006011 00000 n In many diversion programs, the first step is attending an orientation where they will inform you of the nature of the program. Diversion program advocates should also consider the problem of official intrusion into citizen's lives and the extent and nature of this activity which should be permitted in diversion programming. Law, Intellectual Territories Financial Support Center (TFSC), Tribal Financial Management Center (TFMC).