Pretrial Diversion

The pretrial intervention program is a program that allows defendants meeting certain criteria to have their cases diverted from the normal prosecution process. During this diversion, the defendant will be supervised and required to participate in particular tasks. Upon successful completion of the program, the pending criminal charges are dismissed. This allows the defendant a chance to become educated and rehabilitated in order to return to the community as a productive citizen without a criminal record.

The pretrial intervention program is supervised by the Department of Corrections (DOC). DOC is responsible for providing the defendant with counseling, education, supervision, medical and psychological treatment as necessary and available. In order for a defendant to be admitted to and eligible for the pretrial intervention program, the state attorney, the judge and the administrator of the program must approve. The consent of the victim is also required prior to the defendant being released into the program.

It is the defendant's obligation to maintain satisfactory participation in the program. If the defendant is in fact not maintaining satisfactory participation the pending criminal proceedings will resume. An indigent defendant is not entitled to the appointment of a public defender when released into the pretrial intervention program. However, if criminal proceedings are resumed based on unsatisfactory participation, and the defendant is facing incarceration if convicted, he or she will then be eligible for a public defender.

At the end of the intervention period, the administrator will make one of the following recommendations: 1. that the state be allowed to progress forward with criminal prosecution, 2. that the case be dismissed, or 3. that the defendant remains in a prolonged period of intervention based on the need for further supervision.

Learn More About Pretrial Intervention

For more information on the possibility of taking advantage of a pretrial diversion program, you can contact the attorneys at Schwam-Wilcox & Associates. Call 407-982-2714 or 888-337-5886, or send us an email to schedule a complementary consultation.