PRETRIAL DIVERSION

PRETRIAL DIVERSION

The Pretrial Diversion Programs (PTD) is designed to hold specific categories of youthful or first-time offenders accountable for the illegal act(s) they have committed without creating an otherwise permanent blemish on their criminal record. This is accomplished by addressing the behavior that led such offenders into contact with the criminal justice system through a structured program requiring completion of clinical evaluations, recommended treatment, substance-abuse screening, life-skills training, and other support mechanisms tailored to the specific offense.

STATE COURT DIVERSION PROGRAMS

1. Which Defendants are Eligible for State Court PTD?

PTD is only available to defendants charged with:
(1) Minor in Possession of Alcohol;
(2) Possession of Less Than One Ounce of Marijuana;
(3) Theft by Shoplifting; and
(4) Domestic Violence offenses with advance approval of the Solicitor-General.

However, defendants may be disqualified from PTD if they:

• • Have a prior conviction (excluding traffic tickets, but including pleas under the First Offender Act, Conditional Discharge, and nolo contendere pleas);
  • Have a prior arrest for the same charge;
  • Have previously completed a PTD program in any jurisdiction;
  • Are charged with additional offenses beyond the eligible charge;
  • Are charged with multiple eligible offenses arising from the same incident;
  • Are charged with Minor in Possession of Alcohol or Possession of Marijuana and:
    • Drove while in possession; or
    • Refused to submit to chemical testing.

2. What are the Requirements of State Court PTD?

The specific requirements of PTD differ slightly based on the nature of the charge. Generally, however, the Defendant is given 150 days (with a compliance check at the halfway point) to complete the following:

• • Pay a program fee;
  • Complete a substance abuse evaluation and any recommended treatment;
  • Abstain from alcohol and drugs, with random screens no less than twice per month;
  • Attend a DUI Court session;
  • Perform community service;
  • Pay restitution (if applicable);
  • Be fingerprinted (if required by statute); and
  • Comply with any additional conditions imposed by the assigned Assistant Solicitor-General.

MAGISTRATE COURT FAMILY VIOLENCE DIVERSION PROGRAM

The Solicitor-General’s Office also offers a separate diversion program operating exclusively in Magistrate Court for certain family violence cases. This program is intended to provide early intervention in appropriate, low-risk cases involving first-time offenders. It allows eligible defendants to complete structured supervision and treatment requirements before a case is transferred to State Court, with the goal of promoting accountability and reducing the likelihood of future offenses.

This program is not available in all cases, and all defendants are subject to screening and approval by the Solicitor-General’s Office.

1. Which Defendants are Eligible for Magistrate Court FV PTD?

This program is generally limited to first-time offenders charged with qualifying family violence offenses, including offenses such as simple battery, simple assault, battery, criminal trespass, disorderly conduct, and affray.

Defendants may be disqualified from participation for reasons including, but not limited to:

• • Any prior criminal conviction or prior arrest for family violence offenses;
  • The presence of a prior Family Violence Protective Order;
  • The involvement of firearms or children in the case;
  • A history of substance abuse; or
  • Prior participation in any diversion program.

Defendants must enter the program within 60 days of arrest. Cases that are not accepted into the program, or where the defendant declines participation, will be transferred to State Court for prosecution.

2. What are the Requirements of Magistrate Court FV PTD?

Program requirements are tailored to the individual case but may include:

• • Completion of a 24-week Family Violence Intervention Program (FVIP) or other counseling;
  • Community service;
  • Educational programming;
  • Substance abuse restrictions and testing (where applicable);
  • Monthly court appearances and ongoing supervision by Cherokee Probation Services; and
  • Compliance with all conditions imposed by the Court and the Solicitor-General’s Office.

Participants are generally required to complete the program within 150 days, or 270 days if completion of the Family Violence Intervention Program is required.

Cases are monitored closely, and failure to comply with program requirements may result in immediate termination and transfer of the case to State Court.

Upon successful completion of all requirements, the Solicitor-General’s Office will elect not to prosecute the case, and the defendant’s record will be restricted as allowed by law.

WHAT SHOULD I DO IF I HAVE QUESTIONS?

Any questions regarding State Court PTD should be directed to:

• Chief Assistant Solicitor-General David McElyea ([email protected]); or
• Solicitor-General Todd Hayes ([email protected]).

Any questions regarding Magistrate Court Family Violence PTD should be directed to:

• Deputy Chief Assistant Solicitor-General Kryss Roch ([email protected]); or
• Solicitor-General Todd Hayes ([email protected]).