Pretrial diversion (PTD) sometimes called pretrial intervention is an alternative sentencing mechanism which may divert certain eligible offenders from traditional criminal justice prison sentencing and federal incarceration. Instead eligible offenders are processed into a program of supervision and services administered by the U.S. Probation Service. Pretrial diversion can give first-time offenders a second chance at having a clean record and avoid prosecution and a prison sentence. In the majority of cases, offenders are diverted at the pre-charge stage. An eligible defendant for pretrial diversion who successfully completes the program will not be charged or, if charged, will have the charges against him dismissed. If the defendant does not successfully complete the program, he will be returned for prosecution.
Although the details of the pretrial diversion program may vary from jurisdiction to jurisdiction, individuals arrested for the first time are given an option of keeping the crime off of their record without having to go to trial. Pretrial diversion is a program for certain first-time offenders to avoid being marked by a felony conviction for the rest of their lives. Pretrial diversion is known by a multiplicity of names, such as pretrial intervention, good behavior, withheld adjudication, and deferred prosecution.
“The program works something like this”, stated Robin Stover, a Federal Prison Consultant with the Prison Consulting Group, “A first time offender who is charged with a criminal offense of a relatively minor nature and who appears to be an individual who is not likely to be a repeat offender may be given the option of pretrial diversion.” If the defendant accepts the offer, then he will enter a plea of guilty to the criminal offense. The judge however will not enter an order of guilty in the case. The defendant is not guilty until the judge actually issues an order finding him guilty. At this point the defendant is in limbo between pleading guilty and being convicted.
Stover went on to say, “Rather than find the person guilty, the judge will withhold his order of guilt initially and place the defendant under certain restrictions similar to probation or supervised release.” The defendant, by complying with the terms and conditions of the pretrial diversion agreement, will have the charges dismissed. He will not be convicted of the crime and will not go to federal prison. This enables someone who made a one-time foolish mistake to get another chance at life with a clean record and not be scarred by a term in a federal prison.
The pretrial diversion program accomplishes certain goals for both the defendant and the prosecution. First, it provides a vehicle for more expedient restitution to the victims of the crime. If the defendant serves time in prison his hourly wage is $0.12 per hour and the payment of restitution or fines is a long, long process. Secondly, it deters future criminal behavior by diverting first time offenders from a traditional prison term to community supervision and the performance of services. The defendant realizes he was very close to going to prison and will act more responsibly in the future by getting his second chance. Finally, it allows federal prosecutors to concentrate on major cases and those high profile cases that advance their careers. In most cases, the period of supervision or probation does not exceed eighteen (18) months.
Robin Stover also stated, “A defendant, in order to get into the pretrial diversion program must meet certain criteria. The Prison Consulting Group knows the criteria and can prepare an initial evaluation or review for a defendant to determine his eligibility.”
In times when the Department of Justice has a 97% guilty plea rate in federal criminal cases and federal prosecutors have over a 75% conviction rate following trial and 91% of federal criminal defendants receive a prison sentence, isn’t it in a federal defendants best interest to call a reputable Federal Prison Consultant and determine if he is eligible for pretrial diversion or an alternative sentencing mechanism. I know if I was facing federal prison, I would!
More information on this subject and other forms of alternative sentencing can be found on Robin Stover's website, http://www.prisonconsultinggroup.com.
