Pre-trial Intervention & Diversion
Pre-Trial Intervention & Diversion Community 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.