Several factors determine diversion program eligibility, but if you qualify and complete the program, they may drop the charges against you. Again, this is subject to the court’s determination and approval.
Here are a few things you need to know about diversion programs in Georgia:
Eligibility
In Georgia, pretrial diversion programs help first-time offenders avoid prosecution by completing specific requirements. Here are the main criteria for eligibility that may qualify you for acceptance into a diversion program:
- You must be a first-time offender.
- Your charge must be for nonviolent offenses only.
- The charge must be a misdemeanor or minor drug offense only.
- You must have no prior criminal record.
- You are not facing any other charges.
There may be additional requirements to be eligible, and specific programs may have varying lengths of duration. The diversion coordinator and the District Attorney will consider these factors and the facts specific to your case.
What you need to do if you qualify
Once you qualify, the court will ask you to do the following:
- Complete a drug education and treatment program.
- Perform community service.
- Report regularly with your probation officer.
- Avoid further legal trouble.
If you fail any of these, the court may reinstate your charges.
Voluntary and of your own will
To apply, you must demonstrate that you are joining voluntarily and of your own free will. You will also need a lawyer to represent you in the proceedings. You must file your application to join a diversion program before you submit a plea or are found guilty.