Montana Agreement for Pretrial Diversion

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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.

The Montana Agreement for Pretrial Diversion, also known as Pretrial Intervention or Pretrial Diversion Program, is a legal arrangement offered by the state of Montana for individuals who have been charged with a crime but are considered eligible for an alternative sentencing option. This program aims to divert eligible offenders away from traditional criminal prosecution and provide them with an opportunity to rehabilitate, address the underlying causes of their criminal behavior, and ultimately avoid a criminal conviction. The Montana Agreement for Pretrial Diversion allows individuals to avoid the negative consequences usually associated with a criminal record, such as difficulty in finding employment, housing, or educational opportunities. Instead, participants of this program are offered a chance to complete certain requirements and conditions set by the Montana Court system. There are several types of Montana Agreements for Pretrial Diversion that can be considered depending on the nature of the offense. These may include: 1. Drug and Alcohol Diversion Program: This type of diversion program focuses on offenders charged with non-violent drug-related offenses or alcohol-related crimes. Participants may be required to undergo substance abuse counseling, treatment programs, submit to drug testing, and maintain sobriety throughout the diversion period. 2. Youthful Offender Diversion Program: Specifically designed for individuals below a certain age limit, this program aims to address the needs of young offenders and prevent them from entering the traditional criminal justice system. The youth-focused program may integrate services such as counseling, community service, educational programs, and supervision to promote positive behavior changes and rehabilitation. 3. Mental Health Diversion Program: Geared towards individuals with mental health issues, this program provides opportunities for therapeutic interventions and treatment. Participants may be required to attend counseling sessions, complete mental health programs, adhere to prescribed medications, and follow recommendations provided by mental health professionals. To be considered for the Montana Agreement for Pretrial Diversion, individuals must meet specific criteria, including a non-violent offense, no prior criminal records, and the agreement of both the prosecuting attorney and the court. Successful completion of the program allows participants to have their charges dismissed, resulting in the avoidance of a criminal conviction. Keywords: Montana Agreement for Pretrial Diversion, Pretrial Intervention, Pretrial Diversion Program, legal arrangement, alternative sentencing, rehabilitate, criminal behavior, criminal conviction, drug and alcohol diversion program, youthful offender diversion program, mental health diversion program, therapeutic interventions, counseling, treatment programs, non-violent offense, traditional criminal prosecution.

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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.

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(b) The agreement must be in writing, must be signed by the parties, and must state that the defendant waives the right to speedy trial for the period of ... • a pretrial diversion program or a presentence diversion agreement can allow a defendant to obtain and complete treatment outside of a secure facility.A screening process, which includes consultation with victims, is utilized to determine who is accepted into pretrial diversion. Once accepted, participants are ... 8 days ago — Participants must sign a contract agreeing to participate and to abide by the governing terms of the program. ... If a participant fails to ... Dec 19, 2022 — A pretrial diversion agreement permits you to skip a long court hearing, and once completed, all criminal charges are usually dismissed. Am I ... Jan 17, 2020 — After successfully completing your diversion program and fulfilling all the terms and conditions of the Agreement, no prosecution for the ... placed on the offender's right to be represented by counsel during negotiations for diversion and entry and approval of the agreement.” The Prosecutor's Man. (d) The agreement must be terminated and the prosecution automatically dismissed with prejudice upon expiration and compliance with the terms of the agreement. Interactive database map of the largest collection of prosecutor-led diversion programs. (6) Upon successful completion of drug treatment court, a drug offender's case must be disposed of by the judge in the manner prescribed by the agreement and by ...

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Montana Agreement for Pretrial Diversion