Understanding the Pretrial Diversion Program in Lee County, Alabama: A Second Chance

As a criminal defense attorney in Lee County, Alabama, I often encounter clients who are eligible for the Pretrial Diversion Program (PTD). This program, designed by the Lee County District Attorney’s Office, offers a unique opportunity for non-violent offenders without prior felony convictions to avoid traditional sentencing. Understanding how this program operates is crucial for those seeking a second chance, particularly youthful offenders.

Eligibility for the Pretrial Diversion Program

Eligibility for the PTD in Lee County is specific and includes adults charged with eligible criminal offenses who do not have prior felony convictions. However, certain misdemeanor or traffic convictions, such as DUIs or possession of marijuana, may disqualify a candidate. Notably, if a defendant has previously participated in a diversion program, they are ineligible for PTD.

Types of Eligible Offenses

The program considers various offenses for diversion, including traffic offenses, DUIs, property offenses, drug offenses (with specific exclusions), and misdemeanors not explicitly excluded. It’s important to note that offenses involving serious physical injury, sex offenses involving force, class A felonies, and several others are ineligible for the program.

Application Process

Candidates must apply through the Lee County Circuit Clerk, accompanied by a non-refundable $100 fee. The application process includes a complete background check, and the District Attorney retains the discretion to waive certain standards if justice or special circumstances warrant.

Program Requirements and Completion

Upon entering the PTD, participants must agree to conditions set by the District Attorney. These include pleading guilty, waiving the right to a speedy trial, and agreeing to program conditions like restitution payments and forfeiture of seized items. Successful completion results in dismissed charges, but failure leads to immediate sentencing.

Fees and Financial Considerations

The PTD program entails various fees, including administrative fees that vary based on the offense. Fee waivers or reductions can be granted based on indigence or other just causes at the District Attorney’s discretion.

Conclusion

The Pretrial Diversion Program in Lee County is a valuable opportunity for eligible offenders to avoid the long-term consequences of a criminal record. As a dedicated criminal defense attorney in Lee County, I am committed to guiding clients through this process and helping them achieve the best possible outcome.

For more information or assistance with the Pretrial Diversion Program, feel free to contact my office. I am here to help navigate the complexities of the criminal justice system and advocate for a second chance.