Cobb County District Attorney Flynn Broady Jr. designed the county’s PTD program under O.C.G.A. § 15‑18‑80 as part of his Restorative Justice Initiative. It provides low-risk, low-need offenders whose conduct didn’t result in serious injury, or involve any kind of family violence, with alternatives to prosecution like education, counseling, community service, and restitution.
Basically, pretrial diversion is a compromise plea bargain settlement that no one likes. Defendants don’t like PTD because they feel like they’re pleading guilty to something without getting their day in court. Prosecutors don’t like it because they don’t put a case in the “conviction” win column. If no one is happy with a compromise, it’s probably a good deal for everyone.
Despite the emotional drawbacks of PTD, in many cases, pretrial diversion is the preferred resolution for a Marietta criminal defense lawyer. As outlined below, PTD is tantamount to getting a case thrown out of court. Furthermore, this resolution is completely risk free. If the plan goes sideways for whatever reason, prosecutors simply pick up where they left off and pursue the case further.
Cobb County Requirements & Eligibility
Most jurisdictions have some form of PTD. Cobb County requirements and eligibility may vary slightly in different courts.
The defendant must be at least 17 years old and voluntarily apply with legal counsel. In other words, unless you have a Marietta criminal defense lawyer, you’re ineligible for this program and all its benefits.
Participants sign a contract and agree to abide by all conditions, which usually include the following:
- Drug/Alcohol Screenings: This screening is usually required even if the offense was not directly drug or alcohol related. Substance misuse is a factor in about 40 percent of violent crimes and about 15 percent of property crimes.
- Counseling: PTD’s counselling requirement usually includes between one and three sessions with a state social worker. The defendant must pay for the sessions and abide by all the counsellor’s recommendations.
- Community Service: Most defendants must complete about forty hours of community service. Almost any nonprofit service counts, although some courts are picky about faith-based community service.
- Mentor Support: A Marietta criminal defense lawyer often connects defendants with professional or educational mentors. Courts usually don’t impose an hourly or other meeting requirement, but they must approve mentors.
Program fees include a $200 administrative fee, restitution to the alleged victim, attorney fee reimbursement (if the defendant has a court-appointed lawyer), and drug screening charges. These fees are usually due upfront, although the Diversion Coordinator might make other arrangements, including a fee waiver in some cases.
Sex crimes, DUI, gang-related charges, and serious felonies (e.g. murder) are usually ineligible for PTD. Furthermore, the alleged victim, if any, usually has veto power and can block program acceptance.
When offering PTD, prosecutors may also consider the nature of the offense and the defendant’s criminal record, if any.
The PTD Process
PTD is much like probation. Participants go through orientation, pay fees, and receive individualized conditions, such as counseling and community service requirements. PTD “probation” usually lasts six months.
During these 180 days, defendants normally check in with a supervision officer who monitors their progress. Other supervision conditions apply as well. More on that below.
Successful completion, which is different from perfect completion, means dismissal or nolle prosequi of charges and, more importantly, restriction of the criminal history from public view under O.C.G.A. § 35‑3‑37.
Community service must be pre-approved and verified. Free private business labor or online community service is not acceptable.
Alcohol consumption is strictly prohibited during the program. Drug/alcohol screens—including THC screens—are handled through the Cobb County Superior Court Drug Lab. Under the Fourth Amendment, these tests must be conducted under very strict conditions.
Note that CBD use could show up as THC use. Also note that these screenings could be scheduled or random.
Solicitor General’s Pretrial Diversion Programs (Younger Offenders)
The Solicitor General administers separate diversion programs for offenses like MIP (Minor in Possession), VGCSA (possession of marijuana under 1 oz), and misdemeanor theft. The twelve-week program usually costs $300 ($50 if the defendant is indigent). Program requirements include:
- A handwritten two-page essay detailing why an under-21 defendant should be admitted to the program,
- Forty hours of community service (80 or 120 hours for breathalyzer-related MIP, as outlined above,
- One clean drug screen within the first ten days, followed by two more at least twenty days apart, and
- Drug/alcohol evaluation, victim-impact or SMART panels, and relevant educational programs (e.g., Theft Seminar or Shoplifter’s Alternative).
The end result is the same as PTD. Prosecutors dismiss the case upon successful completion of the program.
Georgia Youthful Offender Program Explained
Solicitor General Makia Metzger launched this program, which is much like PTD, in March 2024. It focuses on 17 to 25-year-old defendants who face non-violent misdemeanor charges. The YOP is basically juvenile justice for non-juveniles. It recognizes the fact that the human brain does not fully develop until around age 26. In other words, offenders between 17 and 25 are biologically juveniles, if not legally juveniles.
YOP punishment may include probation, community service, or placement in a correctional facility specifically for youthful offenders. The program offers supportive alternatives grounded in developmental science, mental health awareness, and prevention of recidivism.
YOP sentencing is a high risk/high reward proposition. Youthful offenders who violate the terms of their sentence or probation may face harsher penalties. But if the offender completes the program, the charge disappears from the defendant’s permanent record.
Mentorship via Game Changers Program
This informal kind of pretrial diversion is a partnership between the Cobb County DA’s office and Game Changers Re‑Entry and Mentorship Program. It offers participating individuals mentorship, therapy, life and family coaching, job readiness assistance, and family relationship support.
Mentorship could result in dismissal, as outlined above, or it could be a complete waste of time. Prosecutors usually dismiss cases when the defendant completes a mentorship program, but there’s no guarantee.
Program Evaluation & Counseling Support
In 2023, the District Attorney’s Office received a grant to formally evaluate its diversion initiatives, looking at processes, outcomes, and cost-benefit metrics, in partnership with Innovative Prosecution Consulting.
For example, to reduce counseling costs, Richmont Graduate University provides reduced-cost or free counseling to eligible diversion participants. Sessions, which normally cost $125 each, may be as low as $5 each.
PTD is a good option in most cases. For a free consultation with an experienced Marietta criminal defense attorney, contact The Phillips Law Firm, LLC. The sooner you reach out to us, the sooner we start working for you.
