Pretrial diversion is a legal process that allows individuals charged with certain minor offenses to avoid prosecution by completing a rehabilitation program. This process typically occurs before the arraignment, which is the formal reading of charges in court. If the individual successfully completes the program, their charges are dropped, helping to reduce the stigma associated with a criminal conviction.
Pretrial diversion is primarily used in criminal law. It offers an alternative to traditional prosecution for minor offenses, such as driving under the influence, petty theft, and minor drug charges. Individuals may be referred to programs for mental health treatment, substance abuse treatment, community service, or payment of restitution. Users can often manage related legal forms through resources like US Legal Forms, which provide templates for necessary legal documents.
Here are a couple of examples of abatement:
For instance, a person charged with a first-time DUI may be eligible for pretrial diversion. If they complete a state-approved alcohol treatment program, their DUI charge could be dismissed.
(hypothetical example) A person charged with petty theft might be offered pretrial diversion. Upon completing community service and attending a theft prevention program, their charges would be dropped.
| State | Pretrial Diversion Eligibility |
|---|---|
| California | Available for certain misdemeanors and non-violent felonies. |
| Florida | Typically offered for first-time offenders of minor crimes. |
| Texas | Eligibility varies by county; often includes first-time drug offenses. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Key Differences |
|---|---|---|
| Pretrial Diversion | A program that allows charges to be dropped after completing rehabilitation. | Focuses on rehabilitation before prosecution. |
| Plea Bargain | A deal where a defendant pleads guilty to a lesser charge. | Involves a guilty plea instead of rehabilitation. |
| Deferred Prosecution | A temporary suspension of prosecution while the defendant meets certain conditions. | Charges may still exist unless conditions are met. |
If you are facing charges that may be eligible for pretrial diversion, consider the following steps:
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Typically, minor offenses like petty theft, first-time DUIs, and minor drug charges qualify.