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.
Montana Agreement for Pretrial Diversion
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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.
Deferred adjudication. For first felony offenses and misdemeanors, a court may defer or suspend imposition of sentence from one to three years during which the offender will be on probation.
If the defendant is granted pretrial release, the pretrial services officer will supervise the defendant to ensure they are not a danger to another person or the community, the conditions of their release are met, and they attend all required court hearings.
The Pre-Trial Supervision Unit provides monitoring of Court ordered conditions to offenders released to the community awaiting trial. Supervision in the community ranges from telephone contact for lower risk defendants to two or more face-to-face contacts per week for those assessed to be higher risk.
Pretrial supervision is a level of supervision that a judge may make a person accused of a crime be subjected to as a condition to that person being allowed bond.
The pretrial services program provides supervision to the defendant and assures compliance with specific conditions imposed by a judicial officer.
(1) If a defendant violates a condition of release, including failure to appear, the prosecutor may make a written motion to the court for revocation of the order of release. A judge may issue a warrant for the arrest of a defendant charged with violating a condition of release.