A Pre-trial diversion is a program in which a defendant essentially is put on probation for a set period of time and his or her case does not go to trial during that time. If the defendant meets the conditions set by the court, then the charge will be dismissed.
Massachusetts Agreement for Pretrial Diversion
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You, or your lawyer, and the prosecutor exchange information about the case. This is called discovery. During the pre-trial conference, either side can file or set a date for filing motions, including a motion to dismiss the complaint or to prevent certain evidence from being used at trial.
Some of the biggest differences between the VALOR Act and the BRAVE Act is that a veteran must have a diagnosis as a result of their service, certain crimes are excluded from diversion, and they can only utilize the BRAVE Act once.
The act permits someone who has been honorably discharged and has seen active duty to have a criminal charge of a misdemeanor, if the individual has no other record, dismissed under a diversionary program.
The military diversion program under California Penal Code section 1001.80 creates process whereby active military or veterans can apply for a pre-plea diversion. The purpose of military diversion is to help those you are serving, or have served, in the armed forces to have an alternative to a criminal conviction.
What criminal offenses are eligible? Generally, diversion programs are for non-violent misdemeanors. If the criminal charge is for a violent or a serious crime, like a felony offense, courts tend to think that it is too much of a risk to release you to a diversion program.
Under this statute, then, the eligibility requirements for a pre-trial diversion program are as follows: The defendant has not been convicted of a crime since having reached the age of 18. The defendant does not have any outstanding warrants or pending criminal matters.
The Military Diversion Program (Penal Code 1001.8) is a pretrial diversion program that recognizes that certain offenses can be the result of trauma and mental health issues acquired directly through military service. If found eligible, you can enter treatment without having to plead guilty or no contest.
The Diversion Program benefits society by dealing early and quickly with delinquent behavior. Early intervention also saves tax dollars by reducing the burden on local police departments as well as the court system. Juveniles will be referred by police, juvenile probation, clerk-magistrates, and schools through police.