Pre-trial Diversion or Pre-trial Intervention/Supervision

Pre-trial diversion is used sparingly in this County, except for some individuals who write insufficient funds checks. It is a program through which an offender is given a chance to avoid prosecution for an offense through successful completion of a period during which there are no new arrests, and all requirements of the term are completed. Requirements may include attending counseling, making restitution, and performing community service hours. Pre-trial diversion agreements are negotiated between the prosecutor and the offender or the offender's attorney, and a written agreement will be reached at that level. Once the term is successfully completed, all references to the arrest and diversion are deleted from the offender's record. The County Attorney's office uses pre-trial diversion for some offenders who pass insufficient funds checks. If the checks are paid in a timely manner, no charges are filed. If, however, they are not, an arrest and prosecution ensue. Pre-trial intervention, on the other hand, is a more regular occurrence in the department. Pre-trial intervention, release, or bond supervision programs are designed to provide a wide range of services to released defendants to ensure subsequent court appearances. Generally, a felony or misdemeanor offender is placed in a pre-trial release program through a court order that serves to release the offender from jail on his or her own recognizance or a reduced bond. Conditions of bond are similar to those of offenders under regular or deferred adjudication community supervision. Failure to comply with the conditions of pre-trial release may result in the offender being returned to jail to await trial, or having more stringent conditions imposed.