North Dakota Agreement for Pretrial Diversion

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Description

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.

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FAQ

In a non-felony case, if the defendant pleads guilty without appearing in court, a written form must be used advising the defendant of his or her constitutional rights and creating a record showing that the plea was made voluntarily, knowingly, and understandingly.

Following a dismissal under Rule 32.2(f) the defendant may not be further prosecuted for the offense involved. (2) if the court determines that the interests of justice require, order the agreement terminated, dismiss the prosecution, and bar further prosecution for the offense involved. (h) Pre-Charge Diversion.

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. Many pretrial diversion programs involve counseling and treatment.

Following a dismissal under Rule 32.2(f) the defendant may not be further prosecuted for the offense involved. (2) if the court determines that the interests of justice require, order the agreement terminated, dismiss the prosecution, and bar further prosecution for the offense involved. (h) Pre-Charge Diversion.

Pre-trial intervention (PTI) program does not show up on background checks. Participating in a PTI program is a legal option that provides you the chance to have your charges dismissed.

After due consideration of the victim's views and subject to the court's approval, the prosecuting attorney and the defendant may agree that the prosecution will be suspended for a specified period after which it will be dismissed under Rule 32.2(f) on condition that the defendant not commit a felony, misdemeanor or ...

29-19-02. Right to speedy trial. The right to a speedy trial in a criminal case in which the charging instrument contains a charge of a felony offense under section 19-03.1-23 or under chapter 12.1-20 is for the trial to begin within ninety days of the date the party elects this right.

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North Dakota Agreement for Pretrial Diversion