Any arrest will be entered on your criminal history record. Having a criminal record no matter your age can impact your ability to get into college, remain in good standing at school, qualify for financial aid and student loans, auto insurance, government assistance, and home loans, as well as affect your future employment opportunities or ability to gain certain government security clearances. The charges may also have certain mandatory penalties such as jail time, a driver's license suspension, and steep fines. A Georgia Attorney Can Help You Get Into A Pretrial Diversion Program: A Georgia DUI Lawyer may be able to negotiate a resolution to your case that will avoid many of these severe consequences and may even be able to have the charge dismissed and removed from your criminal record. A Pretrial Diversion Program is an alternative to adjudication and may be available in certain cases if you are a first time offender. Charges such as minor in possession of alcohol, possession of marijuana, certain traffic offenses, and shoplifting are commonly referred to a Pretrial Diversion Program in many courts. Not all courts have established Pretrial Diversion Programs. ![]() Pretrial Diversion Programs. Prepared by: Catherine Camilletti, Ph.D. Compared with traditional criminal justice procedures, diversion programs also lead to. Based on evidence gathered during the pretrial investigation, Court. Treatment Diversion Court. Georgia 30303 Office Number: 404. Furthermore, because convictions for some offenses may initiate additional consequences outside of the jurisdiction of the court – such as the suspension of your driver's license by the Georgia Department of Driver Services – those additional penalties may be prevented if the case is dismissed upon completion of the program. Common requirements of the program are the payment of a fine or program fee, probation, community service, attendance at a personal development seminar, alcohol awareness course, or an Alcohol or Drug Use Risk Reduction course. The requirements in each case are typically tailored to the original offense and are designed to both punish and educate the offender to prevent the person from committing the same or other offenses in the future. The Types of Case That May Qualify For Pretrial Diversion in Georgia: A shoplifting charge may require attendance at a personal development seminar or a theft and shoplifting offenders program. The program may also require the offender to stay away from the premises of the store where the theft occurred.
If the charge was a traffic violation, the program may require attendance at a defensive driving course, driver improvement class, or a Risk Reduction course if the offense was drug or alcohol related. A minor in possession of alcohol offense may require the offender to admit in writing who provided the alcohol he or she possessed or consumed or where the alcohol was purchased if it was obtained by the offender personally. A drug and alcohol substance abuse evaluation is also commonly required in these cases as well as completion of any treatment, if recommended by the evaluator. A Mothers Against Drunk Driving (MADD) victim impact panel is a popular requirement as well due to its focus on consequences to others and how the victims of these crimes and their families are affected. If the case originated in a Georgia Juvenile Court, the intake division of the court may refer the offender to a Youth Diversion Panel. Of the almost 4. 8,0. Juvenile Court in 2. For more information, see here. The Youth Diversion Panel is typically overseen by court officials or community volunteers. What happens in the event Pretrial Diversion is not completed? There are consequences if the requirements of the program are not completed on time or at all. If you fail to complete the requirements or are charged with committing a new offense while in the program, you may become ineligible and you will face prosecution of the original charges along with any potential consequences. A failed drug or alcohol test will also cause the offender to be removed from the program. If you are dishonest about your criminal history and it is discovered, even after completion of the program and a dismissal entered in the case, that you were not eligible for the Pretrial Diversion Program, the case will be re- accused by the State and you will be prosecuted as in any other case and if convicted, sentenced by the court. If removed from the program and convicted, the charge may not still be eligible for expungement from your criminal history record. Many offenses have collateral consequences outside of the court's sentencing conditions. More Information on Georgia DUI laws can be found throughout this website. If you failed to complete requirements and were removed from a Juvenile Court Youth Diversion Program, your case would prosecuted and if the case remained in the Juvenile Court, your records may still be sealed. Sometimes it's difficult to example the concept of . What Are the Benefits of Completing Pretrial Diversion? However, as stated previously, if the requirements of the Pretrial Diversion Program are completed successfully, the original charges are dismissed and no conviction will be entered in the case. An expungement does not happen as a matter of course and the offender must complete an application to initiate the expungement process. The Georgia Crime Information Center (GCIC), an operating division within the Georgia Bureau of Investigation, maintains the state's computerized criminal history database that includes the fingerprint and criminal history records of more than 2,6. Any time a person is arrested for any offense, that information is reported to GCIC and becomes a part of that person's criminal history record. The criminal history record includes the person's identification data (name, date of birth, social security number, sex, race, height, weight, etc.), arrest data (including arresting agency, date of arrest, and charges), final judicial disposition data submitted by a court, prosecutor or other criminal justice agency and custodial information if the offender was incarcerated in a Georgia correctional facility. An expungement removes any information related to that offense from your criminal history record. Section one of the expungement application must be completed by the applicant. The application must then be sent to the arresting agency. The arresting agency will then complete their section of the application and forward the form to the appropriate prosecuting official. We update this site with current DUI Information in Georgia daily. Pretrial Diversion in Georgia. Georgia Pretrial Diversion. Pretrial Diversion in Georgia Juvenile Cases.
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