Criminal Defense Lawyers

Pretrial Intervention

Pretrial Intervention: A Second Chance That Can Change Lives

Pretrial intervention programs, sometimes called pretrial diversion, offer those accused of crimes an opportunity to avoid prosecution and a permanent criminal record. These programs provide counseling, education, job training, community service, and other rehabilitative services to improve behavior and reduce recidivism. While requirements vary, successful completion generally leads to dismissal of charges.

A Brief History

The first pretrial intervention programs emerged in the late 1940s and 1950s as an alternative to prosecuting juveniles. By delaying prosecution and providing services aimed at rehabilitation, these programs sought to give young offenders a second chance to avoid the stigma of a criminal conviction. Over the following decades, pretrial diversion programs expanded to include adult offenders accused of minor, nonviolent crimes.

Federal pretrial diversion programs were established with the Pretrial Services Act of 1982. This allowed federal courts to create programs providing supervision, rehabilitation, and dismissal of charges for those accused of certain federal offenses. Today every federal court district offers some type of pretrial diversion program. Many states and local jurisdictions also utilize these programs as part of their criminal justice systems.

Goals and Benefits

Pretrial intervention aims to achieve several important goals:

• Reduce recidivism by addressing underlying factors contributing to criminal behavior
• Improve public safety by reducing crime
• Lessen burdens on the court system through alternatives to prosecution
• Allow low-risk offenders to avoid a criminal record

By providing counseling, education, treatment, and other services, pretrial diversion seeks to rehabilitate participants and set them on a better path. This benefits not only the individuals involved, but also the community as a whole.

Participants who successfully complete diversion programs can avoid prosecution and dismissal of charges. This gives them a second chance to rebuild their lives without a permanent criminal record acting as a barrier to education, employment, housing, and other opportunities.

Pretrial diversion also reduces costs and caseloads for prosecutors and courts. Nonviolent, low-risk offenders can be diverted out of the system, allowing resources to be focused on more serious crimes. This increases efficiency and allows the justice system to better serve the public.

Eligibility and Admission

While specific eligibility criteria vary by jurisdiction, pretrial diversion programs are generally intended for those accused of minor, nonviolent offenses who have little or no criminal history. Common charges include petty theft, minor drug possession, public intoxication, disorderly conduct, and low-level driving offenses.

Prosecutors typically have discretion in determining program eligibility. They consider the circumstances of the alleged offense along with factors like criminal history and ties to the community. Admission is voluntary – defendants must choose to participate as an alternative to traditional prosecution.

Pretrial diversion is usually limited to first-time or low-risk offenders. Repeat offenders and those accused of violent crimes like assault, domestic violence, or driving under the influence are often excluded. Programs aimed specifically at offenders with substance abuse issues or mental illness may have different admission criteria.

Program Requirements

Though specific requirements vary widely, pretrial diversion programs share some common components:

• Avoiding further arrests – Remaining arrest-free for the duration of the program is mandatory. Any new arrest generally leads to termination of diversion.
• Regular meetings – Participants must meet with a pretrial officer or counselor regularly to monitor progress. Frequency ranges from weekly to monthly.
• Fees – A monthly program fee is typically required, often on a sliding scale based on ability to pay. This helps cover administrative costs.
• Community service – Performing volunteer work at nonprofit organizations is a common requirement. Hours required range from 10 to 100.
• Counseling or education – Many programs require completing counseling, treatment, workshops, or classes relevant to the underlying factors that contributed to the criminal charges.
• Drug testing – Those with drug-related offenses generally must submit to regular, random testing to prove sobriety.
• Restitution – Repaying victims for financial losses from the alleged crime is often mandatory.

Diversion periods typically last 6-24 months. Requirements are tailored to each participant’s circumstances, like their employment status, health issues, and treatment needs. Strict compliance is required throughout.

Failure to Complete the Program

Participants who violate program rules or fail to meet requirements face termination and prosecution on the original charges. Common reasons for failure include:

• New arrests for other offenses
• Missing mandatory meetings or appointments
• Noncompliance with drug testing or counseling
• Failure to pay required fees or make restitution
• Violating other program rules or the law

Prosecutors regain discretion on how to handle the original case if diversion is terminated. The defendant loses the chance to avoid prosecution and a criminal record.

Successful Completion

Those who fully comply with all requirements for the duration of pretrial diversion can have their criminal charges dismissed. Prosecution is avoided completely. Exact procedures vary – charges may be dropped outright, defendants may enter a diversion agreement promising later dismissal, or special court hearings may formally dismiss charges.

Importantly, successful diversion means no conviction goes on the participant’s record. Their criminal record remains clean, allowing them to avoid many negative consequences that would otherwise follow a conviction.

Effectiveness and Criticisms

Research indicates pretrial diversion programs can be quite effective when properly implemented. A 2000 study found graduation rates over 75% for federal pretrial diversion participants. And a meta-analysis of multiple studies showed lower recidivism rates for diversion program completers compared to similar offenders who were conventionally prosecuted.

However, pretrial diversion has drawbacks and criticisms as well. Concerns include:

• Net widening – Programs may draw in defendants who normally would have had charges dropped anyway or received probation after conviction.
• Disparities – Minority and low-income defendants may have less access to diversion programs that require paid counseling and fees.
• Coercion – Defendants may feel pressured to enter diversion even if they believe they are innocent.
• Lack of legal counsel – Diversion agreements can be made without input from defense attorneys.
• Inconsistent use – Admission criteria and program availability varies widely between jurisdictions.

While a valuable alternative in many cases, pretrial diversion programs require ongoing oversight, evaluation, and reform to ensure they are fair, equitable, and serve the public interest.

An Evolving Option

In an era of criminal justice reform, pretrial diversion continues to evolve as an alternative to prosecution that can reduce recidivism and improve lives. These programs allow many first-time, low-risk offenders a chance to avoid a conviction record while getting rehabilitation services aimed at improving their behavior. With proper implementation and oversight, pretrial intervention can expand opportunities, increase public safety, and give people a better chance at redemption.