Whether you are paying for your own criminal defense lawyer or have been assigned a public defender, they will have to help you through the application process.
Pretrial diversion programs redirect certain, usually first time, offenders away from the jailhouse and back into the community, often with community service as part of the requirements to complete the program.
Georgia law allows each county prosecutor or district attorney’s office to decide who is eligible for their pretrial diversion program. However, the law requires that the nature of the crime, the person’s prior arrest record and the victim’s response be considered in making those decisions. Prosecutors also can’t accept people into the program if the crime they are charged with carries a mandatory minimum prison sentence that cannot be deferred, suspended or served on probation.
In addition to community service hours and counseling, participants in pretrial diversion programs are often required to pay restitution and/or a fine.
After successfully completing the program, the case is dismissed and the record will be restricted.
While pretrial diversion is not restricted to misdemeanor offenses, many felonies are not eligible for diversionary programs.
City of Atlanta
The Office of the City Solicitor is home to three different diversion programs, and acceptance is up to the prosecutor.
For a head start on figuring out if you are eligible, you can email the program (PTIT@AtlantaGA.gov) at least ten days prior to your court date. The program’s office at the courthouse on Garnett Street also holds walk-in hours twice each day, from 8 to 11 a.m. and from 1 to 4 p.m. You can also ask to be referred to the traffic diversion program in court on your assigned date.
- Criminal and City Ordinance Violations Diversion Program
Eligibility for this program is at the solicitor’s discretion and takes into account the person’s past driving, criminal and civil violation records. Successful completion of this program usually requires a participation fee, community service hours and rehabilitation classes.
- Bicycle Diversion Program
For people who have violated the city’s bicycle ordinance, you can only participate in this program once each year. The city also provides free bicycle safety classes through the program, aimed at educating cyclists and motorists on traffic laws and best safety practices.
Fulton County
- The Solicitor General’s office, which prosecutes misdemeanors and traffic violations, requires an internal referral or a courtroom referral for entry to the pretrial diversion program and the fee is determined by the administrator.
To be eligible for diversion, the offense must be non-complex and non-violent such as loitering, shoplifting or possession of less than one ounce of marijuana.
- The District Attorney’s Office has a pretrial intervention program for people who the prosecutor believes can be deterred from future criminal activity through rehabilitative services.
DeKalb County
The district attorney’s office has a unit for diversion and community alternatives programs that redirects cases to DeKalb County’s three accountability courts, which offer two-year outpatient treatment programs under judicial supervision.
There are two tracks for participants in this program. Track one is for people with a high risk of recidivism and high service needs, and track two is for people with a moderate-to-high risk of recidivism and moderate-to-high service needs.
This program is reserved for people with chronic mental illness or multiple concurrent mental illnesses and a moderate-to-high recidivism risk and high service needs. The two-year program includes intensive outpatient treatment under judicial supervision.
Both drug and mental health treatment programs are offered. The program also connects veterans with a mentor that served in the same military branch as the participant.
The solicitor general’s office offers six different diversionary programs:
Participants with little to no prior criminal history are eligible for the program, which can include community service hours, a mandatory class, substance abuse evaluation, and restitution payment.
This program requires the participant to attend weekly family violence intervention or anger management courses. Victims are given the opportunity to oppose a defendant’s acceptance into the program, which is taken into consideration by the solicitor general.
Parents or guardians of a chronically absent child from DeKalb County Public Schools can participate in this program. They must sign a contract agreeing their child will have no more unexcused absences and have a monthly meeting with their child’s counselor, teacher, or a social worker.
Specifically for young defenders, this program is aimed at reducing recidivism with participants taking life skills classes, receiving job training and doing community service. The GOALS A program is for nonviolent offenders with no felony convictions between the ages of 17 and 21. GOALS B is for nonviolent offenders between the ages of 17 and 21.
For defendants in misdemeanor prostitution cases, this program includes a 20-week life skills course, after which the participant’s case will be dismissed and the arrest expunged from their record. The program also offers counseling, job skills training and employment opportunities, mentorship, and help with enrolling in a General Education Diploma or higher education program.
An initiative of the Magistrate Court, participants must have a verifiable mental illness and a pending criminal charge. Participants will be assessed by the court’s social worker and must take any prescribed medicine, undergo alcohol and drug testing, and work toward a high school diploma or GED if they are not working. After a minimum of six months of supervision, participants are eligible to graduate from the program.
Clayton County
Eligible participants have minimal nonviolent felony charges and minimal prior misdemeanor convictions, and haven’t previously been in a diversion program. The assistant district attorney reviews the pending charges, past criminal history and victim statements before making a recommendation to the district attorney, who makes the final decision on who is admitted to the program.
The 90-day program costs $600 and a $25 mandatory drug screening. Participants may be required to pay restitution and do community service while attending counseling and group meetings.
Only those with nonviolent drug or property-related charges are eligible for this program, and participants can’t have more than two prior felony or juvenile convictions or any pending felonies in another jurisdiction.
This court-supervised program is for adults who live with severe and persistent mental illness. At the conclusion of the 18-to-24-month program, which includes outpatient treatment, counseling and housing support, participants avoid incarceration.
Cobb County
Participants in this program must sign a contract with the district attorney’s office agreeing to the terms of the program, including counseling, drug screening, community service, and working with a mentor.
The program, which usually lasts six months, may charge a $200 administrative fee, and participants may have to make restitution payments. People with gang-related charges are excluded from the program.
There are programs for minors charged with possession of alcohol or a false ID, drug possession, and theft. If the program isn’t completed within 12 weeks, the case will be referred back to the prosecutor.
The $350 fee is waived for indigent participants who complete an additional 30 hours of community service on top of what was assigned by the program. The participant must have three screenings free of drugs and alcohol within the 12 weeks.
Participants under 21 must submit a handwritten essay to the assistant solicitor on why they should be admitted to the program.
Gwinnett County
Acceptance into the program is at the discretion of the assistant district attorney, who takes prior arrests, the nature of the offense, and the victim’s statement into account.
For participants who are under level I supervision, the fee is between $350 and $1,000, while the fee for level II supervision is between $400 and $1,000. If the participant posted a cash bond, it isn’t returned until after the program is completed.
When the program is completed, the solicitor’s office will submit a form to the court to drop the charges, and a copy will be mailed to the participant.
This story has been updated.
