A pre-filing diversion is a legal process that offers individuals facing criminal charges an opportunity to resolve their cases without a formal court conviction. This approach is typically available for minor offenses, allowing individuals to avoid a criminal record by completing certain requirements.

While it’s not an option for every case, a pre-filing diversion can be a helpful alternative for many. In this guide, we’ll explore what a pre-filing diversion is and everything you need to know about it.

What is a Pre-Filing Diversion?

A pre-filing diversion is a program that allows individuals to avoid criminal charges by participating in various rehabilitation or education programs. Instead of proceeding with formal prosecution, eligible participants can complete certain conditions, such as community service, counseling, or treatment programs, within a specified period. Once they are able to meet the conditions, the case is dismissed, and no formal charges are filed against the person.

The idea behind a pre-filing diversion is to reduce the negative impacts of a criminal record, especially for first-time offenders who probably just made a mistake. Studies show that diversion programs have a positive impact on recidivism rates, helping to reduce repeat offenses. It offers an opportunity for rehabilitation rather than punishment, which can be more beneficial for society as a whole.

How Does a Pre-Filing Diversion Work?

The pre-filing diversion process begins before formal charges are filed in court. Typically, the district attorney, prosecutor, or another legal authority offers the program to the defendant if they believe the person is a suitable candidate. It is more common for non-violent offenses, such as petty theft, minor drug offenses, or misdemeanors.

Participants in the program must meet specific conditions, which can vary depending on the nature of the offense and the jurisdiction. Common requirements may include:

  • Completing community service
  • Attending educational or rehabilitation programs
  • Paying restitution to any victims
  • Submitting to drug testing

How Long Does a Pre-Filing Diversion Program Take?

The completion time for a pre-filing diversion program can range from a few months to a year. If all conditions are successfully met, the case is dismissed, and the individual avoids having a criminal record. However, if the participant fails to fulfil the requirements, the defendant is withdrawn from the program. The prosecutor, in turn, may proceed with filing charges, thereby leading to formal legal proceedings.

Who Qualifies for a Pre-Filing Diversion?

Not everyone is eligible for pre-filing diversion. The program is typically reserved for first-time offenders or individuals with minimal criminal histories. Common eligibility criteria include:

  • Nature of the Offense: Non-violent offenses, such as minor drug possession, shoplifting, or vandalism, are often considered for diversion programs. More severe crimes like violent felonies or serious drug trafficking are less likely to qualify.
  • Criminal History: Pre-filing diversion is usually available for first-time offenders. Individuals with a significant criminal background may not be considered suitable candidates.
  • Willingness to Participate: The defendant must be willing to comply with all program requirements. This includes accepting responsibility for the offense and actively participating in rehabilitation efforts.

Conclusion

Pre-filing diversion can be a valuable option for individuals facing minor criminal charges, offering a way to resolve the case without the consequences of a formal criminal record. If you or someone you know is facing criminal charges, it’s advisable to speak with a defense attorney to explore whether pre-filing diversion is a viable option.

Also, having a defense attorney can significantly increase your chances of securing a pre-filing diversion program. An experienced defense attorney will guide you through the process, negotiate with the prosecutor, and ensure you meet program requirements. With legal support, you can navigate the diversion process more effectively and work toward a positive outcome.