Description of Program
The District Attorney's Pre-Trial Diversion (PTD) Program diverts certain first-time nonviolent defendants from the traditional court system into a highly individualized and supervised restorative program. Only those who are eligible and committed to successfully completing the program will be considered. [Who is eligible?] The defendant will be required to work, further educational training, perform volunteer work weekly, participate in counseling, report to the PTD Office, and pay restitution if applicable.
If the defendant successfully completes the program, the case will NOT be brought to trial. The District Attorney will file a Motion to Nolle Pros the case, and there will not be a conviction. However, if the defendant does not complete the PTD program, they will be sentenced as they would for any other conviction.
Frequently Asked Questions
"WHAT ARE THE CRITERIA FOR SOMEONE TO BE ELIGIBLE FOR THE PROGRAM? "
The Defendant MUST:
- Be a first time offender
- Admit guilt
- Live within commuting distance of Montgomery
- Be at least 18 years of age
- Not have committed an offense involving burglary, sale of drugs, or any other charge excluded in Pre-Trial Diversion Law, Act 706, Section 7, Regular Session of the Alabama Legislature, 1978.
"WHAT IS THE CRITERIA FOR APPLYING? "
The Defense Attorney MUST:
- Obtain a PTD Application Packet
- Explain to the defendant the process, purpose, and concept of PTD, and other options.
- Review all forms with the defendant
- Ensure all forms are completed accurately and signed by the attorney and the defendant.
- File the Petition and Order with the Circuit Clerk's Office within 30 days of the guilty plea.
- Forward the completed PTD Application to the PTD Office along with a copy of the signed Petition and signed Order within 30 days of the guilty plea. The PTD Office will schedule an interview after processing the application.
"WHAT ARE THE CRITERIA FOR ACCEPTANCE?"
The Defendant MUST:
- Be determined eligible by the PTD staff through national, state, and municipal background checks
- Have approval of the victim and arresting agency
- Resolve any outstanding traffic citations or fines, including suspended or expired Driver's License and must not drive without a valid license
- Resolve any worthless checks
- Meet with the PTD staff for interviews and testing for screening purposes.
- Make a statement admitting guilt
- Meet all requirements outlined in the PTD Applicant's Agreement
- Be approved by the Citizen's Advisory Commission on Prosecution with the defense attorney and a family member present.
- Be approved by the District Attorney
- Sign a PTD Program Contract with the defense attorney and a family member present.
- Pay any applicable restitution in full
- Pay any applicable court costs and attorney fees before program completion.