Program length may be the best reason PTI (pretrial intervention a/k/a pretrial diversion) is better than probation. Depending on the jurisdiction, most PTI programs last fewer than three months. Probation, even in a misdemeanor, is usually at least six months.
Risk, or the lack thereof, is another reason PTI is better than probation. If defendants don’t complete PTI programs, prosecutors simply pick up where they left off. If defendants violate probation, they could face serious jail time or other harsh penalties.
Prosecutors don’t offer PTI to do defendants a favor. They offer it to quickly clear cases off their dockets. Pretrial diversion also helps prosecutors blunt criticism of over-incarceration, and the long-term consequences of criminal convictions. Some policy matters apply as well. Pretrial diversion in Georgia reflects a growing emphasis on restorative justice and second chances. These programs carefully balance public safety, individual accountability, and offender rehabilitation.
Definition and Legal Basis
Pretrial diversion is a voluntary alternative to traditional prosecution. Instead of proceeding through the typical criminal court process (arraignment, trial, and sentencing), the defendant agrees to fulfill certain conditions set by the prosecuting authority. Upon successful completion, the charges are dismissed, and in most cases, the criminal record is restricted from public view.
We should pause and emphasize that record restriction only applies to the judicial record. The arrest record remains public. If people, such as potential employers, ask about that arrest, a simple explanation, like “I hired a Marietta criminal defense lawyer and the lawyer took care of it,” usually satisfies inquiring minds.
Under Georgia law, local prosecutors have almost unfettered discretion in designing and administering diversion programs.
Each judicial circuit or county, and indeed different courts in the same county, may have slightly different procedures, eligibility rules, and conditions. However, the underlying goal remains consistent. Pretrial diversion is a pathway for deserving individuals to avoid a criminal conviction while ensuring accountability through supervision, counseling, and restitution when appropriate.
Eligibility Criteria
Eligibility for pretrial diversion in Georgia is typically limited to first-time offenders or those with minimal criminal history. Prosecutors evaluate candidates based on several factors:
- Nature of the Offense: Diversion is most often available for non-violent misdemeanors and certain low-level felonies, such as shoplifting, minor drug possession, criminal trespass, or disorderly conduct.
- Criminal History: As mentioned, individuals with no prior convictions or pending charges are favored candidates. A history of repeated or serious offenses often disqualifies applicants.
- Victim and Community Impact: The prosecutor may consider whether the victim supports diversion and whether the community would be better served by rehabilitation rather than punishment.
- Acceptance of Responsibility: Applicants are typically required to acknowledge some responsibility for their actions and agree to abide by all program conditions. This acceptance cannot be “I’m sorry I got caught.” If the apology is voluntary, that’s even better. A Marietta criminal defense lawyer typically writes these apologies, both to obtain maximum impact and avoid a confession to a crime.
While each jurisdiction tailors its criteria, the overarching intent is to identify individuals who can benefit from early intervention rather than incarceration or a criminal record.
Program Procedures
If prosecutors decide an individual is eligible, they typically offer participation in a diversion agreement, which is a formal contract between the defendant and the prosecution. The terms of this agreement outline the duration, conditions, and consequences of noncompliance. Common steps include:
- Application and Screening: The defendant (often through a Marietta criminal defense attorney) applies for the program. The prosecutor reviews the case file, criminal history, along with a personal statement or interview (in some cases).
- Diversion Agreement: If approved, the defendant signs a written agreement detailing program conditions. These conditions often include community service, restitution, counseling, drug testing, and/or completion of educational courses.
- Supervision Period: A diversion coordinator, who is like a probation officer, monitors the defendant throughout the program. This period typically lasts from two to four months but varies greatly in different situations.
- Completion or Termination: Upon successful completion of all conditions, the prosecutor dismisses the charges. If the defendant fails to comply, the case returns to the normal court docket for prosecution.
- Record Restriction: After dismissal, the defendant may apply for record restriction (formerly known as expungement) under C.G.A. § 35-3-37, meaning the judicial charge is removed from public criminal records.
Once again depending on the court, PTI contracts could be one size fits all (e.g. all assault defendants must jump through the same hoops). Or prosecutors could tailor conditions to individual cases. The former is much more common than the latter.
Typical Conditions of Diversion
Avoiding further trouble with the law is usually the most important commandment in a PTI contract. Any arrest for any offense usually invalidates the contract. The offense-specific conditions in a diversion contract, like drug treatment in a drug possession case or a keep-away order in an assault case, are a close second.
Usually, defendants must also attend classes. A VIP (victim impact panel) in a DUI is a good example. Typically, defendants sit in a room for several hours while DUI collision victims tell horror stories. Anger management and theft prevention class requirements are common as well.
Performing community service, paying money, and completing educational requirements usually round out PTI conditions.
The community service requirement is usually substantial. Most defendants will spend most weekends picking up litter in parks and serving meals at homeless shelters. The monetary requirement usually includes program fees and, if applicable, restitution. Educational requirements include GED classes and life skills workshops.
Benefits of Pretrial Diversion
Properly carried out, pretrial diversion offers substantial benefits to defendants, the justice system, and society.
- Reducing Recidivism: Unlike incarceration, pretrial diversion programs often address the root causes of criminal activity, such as addiction and lack of education, thereby lowering the likelihood of reoffending.
- Conserving Judicial Resources: By diverting appropriate cases, prosecutors and courts can focus their limited resources on serious crimes. Smaller dockets also mean fewer courts and lower taxes.
- Encouraging Restorative Justice: Crime victims may receive restitution or apologies, and offenders gain insight into the impact of their behavior.
- Avoiding a Criminal Record: The most significant advantage for participants is that successful completion results in dismissal of charges and potential record restriction. This can protect future opportunities in employment, housing, education, and professional licensing.
This final benefit applies to everyone, not just defendants. According to some estimates, criminal convictions drain over $1 trillion a year from the economy. These costs extend the cycles of poverty and inequality, especially for communities of color.
Frequently, PTI is the best possible resolution for defendants, the state, and society in general. For a free consultation with an experienced Marietta criminal defense attorney, contact The Phillips Law Firm, LLC. Convenient payment plans are available.
