The State of Alabama offers both diversion and pretrial intervention programs at the municipal and county levels. These programs give eligible individuals – often first-time offenders – the opportunity to avoid prosecution and a criminal conviction if they successfully complete the required terms. The goal is to provide a second chance for those willing to take responsibility for their actions.
While there are many programs designed to address specific charges, most fall into two main categories: Diversion Programs & Pretrial Intervention Programs.
In a diversion program, the case is removed from the traditional court process. If available, this option allows someone to resolve their case without going to trial. Typically, the accused will sign an agreement and provide a written confession that can be used against them if they fail to complete the program. Because of this, those who do not complete the program are rarely able to take their case to trial – instead, prosecution moves forward using the confession.
With a PTI program, the accused applies, pays a fee, and enters a guilty plea, often in front of a judge. However, the judge does not immediately accept or record the plea. Instead, the individual is given the chance to complete required counseling or treatment. If they successfully finish, the case can be dismissed. If they fail, the judge will accept the original guilty plea and issue sentencing. The key difference from a diversion program is that failure in PTI leads directly to sentencing, while failure in diversion leads back to prosecution.
Costs vary depending on the program and the jurisdiction. In addition to program fees, participants may also be responsible for:
Not every jurisdiction offers diversion or PTI programs. However, that doesn’t mean alternatives are unavailable. In some cases, your attorney can negotiate with the prosecution to allow independent counseling or treatment in exchange for dismissal of the charges upon successful completion.
Successfully completing one of these programs can:
While not every charge qualifies for expungement, many cases resolved through diversion or PTI make it possible to apply for record removal after program completion – giving you the opportunity for a clean slate.