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Pre-trial diversion is a program that can prevent a person from having a criminal record and avoid prosecution for minor offenses. Only first-time offenders who committed minor crimes are eligible. Offenders must sign a contract and undergo community work, therapy, and rehabilitation. Failure to meet requirements may result in immediate conviction. Pre-trial diversion serves as a warning to first-time offenders, but they should be aware that they are pleading guilty and waiving their right to a fair trial.
Petrial diversion is usually a program that a person can undergo to prevent them from having a criminal record. The program can also help the offender avoid prosecution for her crime. Other terms for the program are also used, such as deferred prosecution, withheld sentence, and withheld sentence.
Not all offenders may qualify for preventive diversion. Typically only those who have committed a crime for the first time are qualified. The nature of the offense is also examined and only minor offenses are considered. Petty theft, alcohol and substance abuse, and check fraud are considered misdemeanors, but a person who commits rape, murder, or kidnapping is generally not eligible for the program. Some cases involving two types of offenses can also disqualify an offender, such as when drunkenness has resulted in the death of another person or serious injury.
The offender undergoes a preventive diversion by signing a contract with his lawyer and a judge, vowing not to commit further crimes. At this stage, his case is not yet closed, just waiting to be closed. Even the perpetrator is not yet “out of the woods”. The appointed judge will assign him before enrolling in certain activities and programs to pay his dues.
Some conditions in a pre-trial diversion include the offender going through several sessions of community work, therapy and counseling, or rehabilitation. These programs are expected to be attended within a duration, usually between six months and one year. The offender is also required to pay certain fees, particularly for the programs to which he is assigned. For alcohol and drug related crimes, the offender should also be tested and have “clean” results. If the offender does not meet the program’s requirements, such as testing positive for drug use or failing to meet the maximum community service hours, he or she may face an immediate conviction and sentence for his or her crime. Cash fraud crimes usually require the offender to pay the specific amount he took, plus other court costs.
Preemptive diversion should serve as a warning to first-time offenders not to repeat their crimes, especially for juvenile offenders. Keeping a crime under wraps is also very important, especially when looking for a job. However, the offender should be wary of accepting a pre-trial diversion, as this means that he or she pleads guilty to the crime charged against him. He also waives his right to a fair trial.
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