Our Pre-Trial Diversion, Drug Court and Helping Montgomery Families Initiative programs help individuals become productive members of society. Thesetypes of programsgo by several different names, but they all remove the defendant from the ordinary channels of prosecution so that they may complete certain conditions. If the person successfully completes the program, he or she gets their DUI case dismissed upon the payment of many fees and court costs. 2021 Code of Alabama Title 45 - Local Laws. Starting Sept. 1, all regulatory correspondence will be sent by EMAIL ONLY, including MCLE and dues notices. Stay up-to-date with how the law affects your life. Instead, the court simply enters its judgment and sentence. They will be adjudicated guilty and sentenced pursuant to the plea agreement. Section 12-17-226.1 - Authorization to establish program; discretionary powers; supervision and control; intervention plans. Section 45-17-81.14 - Admission Into Program. However, the benefits of avoiding a criminal conviction cant be ignored. If the person fails with any aspect of the program, they are automatically up for automatic conviction and will suffer the consequences thereof. Alabamas 2021 Law Now Allows Criminal Convictions to be Expunged, Alabama DUI Arrest and Diversion Programs, Driving with a blood alcohol level of .08% or greater. Pretrial Diversion Programs (PDP) NOT SO FAST! However, the various systems also had very little uniformity. Alabama's Pretrial Diversion Program. Additionally, they will forfeit all fees paid as a result of their participation in the program. (12) Be required to be absolutely truthful in any oral or written application or reports (1) Provide a statement admitting his or her participation in, and responsibility for, the offense which is the subject of the application for entry into the pretrial diversion program. Sign a PTD Program Contract with the defense attorney and a family member present. (1975). Felony offenders must plead guilty before the court. Stay up-to-date with how the law affects your life. Your charges are for the distribution, sale, trafficking, or manufacture of narcotics, You have pending or past charges for the distribution, sale, or manufacture of drugs, You have been convicted in the past of a violent felony or any felony involving a firearm, You are a registered sex offender or have been charged with felony sex offenses. WHY? Failing the Diversion Program means DUI conviction. 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. (8) Attend individual, group, or family counseling. The state of Alabama gives some one-time offenders a way out. https://codes.findlaw.com/al/title-12-courts/al-code-sect-12-17-226-10/, Read this complete Alabama Code Title 12. Additionally, prosecutors will usually require a candidate to waive their right to a speedy trial and their protections under the relevant statute of limitations. Sign up for our free summaries and get the latest delivered directly to you. However, if the defendant does not complete the PTD program, they will be sentenced as they would for any other conviction. A pretrial diversion program is an alternative resolution of a criminal case by which the defendant can avoid jail and a criminal conviction. It also allows the new diversion program to those DUI arrestees who refused to take the breath test altogether. This can occur even if the person is undergoing diversion unless action is taken. Section 45-17-81.21 - Violations; Waiver. The program diverts defendants out of the criminal justice system and into a form of supervised release or probation.Defendants who complete the diversion program can have their case dismissed.Those who fail the program are prosecuted for the original . There is a fee for installation, a monthly fee for maintenance, along with other fees associated with the device. The interlock device is not specific for ethyl alcohol and it will beep intermittently and one must find a place to pull over and blow or the vehicle will go dead and will not start. One of the common pitfalls a practitioner or a citizen would experience is for those with a class A. drivers license, otherwise known as a CDL. You agree to terms of the program that includes frequent drug testing and counseling. After July 1, 2018, however, all participants in DUI pre-trial diversion will be required to install an ignition interlock device. There is no greater example in showing a lack of consistency between programs than regarding the offense of driving under the influence. Courts 12-17-226.10 on Westlaw, Law Firm Tests Whether It Can Sue Associate for 'Quiet Quitting', SCOTUS to Decide Constitutionality of Consumer Financial Protection Bureau. The diversion period begins upon execution of a Pretrial Diversion Agreement. (Act 2013-353, p. 1265, 3.) for the underlying criminal offense. Additionally, they will forfeit all fees paid as a result of their participation in the program. Provided you successfully complete the drug court program, your charges will be dismissed. For many people, it is an opportunity for a second chance. Haygood, Cleveland, Pierce,Thompson & Short, LLP has been servicing clients throughout the state of Alabama since 1959. While Alabama treats drug crimes and DUI as serious offenses, they have also taken steps to help first-time offenders change direction with rehabilitation-focused programs like pretrial diversion and drug court. The district attorney shall be given broad discretion in designing a program specifically Section 45-17-81.16 - Time for Application. Defendants in felony cases will enter their guilty plea before the court; however, adjudication will be deferred. At Haygood, Cleveland, Pierce & Thompson LLP, we have over 50 years experience representing clients accused of drug and DUI charges in Alabama. It does not exclude people who have been previously arrested for DUI. Privacy Policy | Disclaimer. It is not unusual that court costs for a DUI and companion tickets could range from $500 to $1,500. The requirements of a pretrial diversion agreement vary depending on the nature of the charges: For example, if you are charged with an alcohol-related offense, you may be required to undergo substance abuse counseling; if it is a traffic-related offense, you may be required to complete a safe driving course. fees or any statutory fees or assessments to the Alabama Department of Forensic Sciences. Finally, if an ignition interlock is required the person must obtain an interlock Scarlet Letter license which is an additional $150 and then pay another fee for a replacement license once they have that restriction lifted. Additionally, the following terms are often used to describe programs of this kind: Deferred prosecution Pretrial intervention Accelerated pretrial rehabilitation Accelerated rehabilitative disposition DUI Diversion in Alabama. I have been a DUI defense lawyer for over 35 years. For example, in California under toPenal Code Section 1000, deferred entry of judgment can last around 12- 36 months. Please try again. (18) Provide a statement admitting his or her participation in, and responsibility Misdemeanor and traffic Defendants who apply for the PTD program at their initial appearance in district court will have their case continued 60 days in order to complete the Application and Agreement process. Meet with the PTD staff for interviews and testing for screening purposes. Section 2 of Act 2018-517 of the 2018 Regular Session, now appearing as Section 32-5A-191, Code of Alabama 1975, effective July 1, 2023, is repealed. The state of Alabama gives some one-time . Box 3310 Our knowledgeable legal team will help you submit the correct paperwork to the courts so that you maximize your chances of acceptance to one of these programs. Section 12-17-226.7 - Time for application. File PTD Application and filing fee with the Lee Countys Circuit Clerks Office. The conditions imposed typically include: There are two types of programs: those that require the defendant to first plead guilty to the charge and those that don't. If the prosecutor determines that you are eligible for pretrial diversion, the prosecutor will draft a pretrial diversion agreement. Thus, if a defendants pretrial program lasts for 12 to 24 months, as many of them do, you could be easily looking at up to just under $3,000 on top of all other fees. of (13) Be required to pay supervision fees to the agency or entity responsible for monitoring In a pretrial diversion, if the defendant fails to meet the conditions of the program, the state must then place the defendant on trial since there was no prior guilty plea. The DUI statute has been modified to allow ignition interlock devices, a constant monitoring device that prevents a motor vehicle from being started at any time without first determining the equivalent blood alcohol level of the operator. 32-5A-191.4. Sen. Jim McClendon, R . To be eligible for pretrial diversion you must have a relatively clean record. Then a defendant will typically be required to pay a processing fee of $150, victims impact panel fee of $35 to $100, and a court referral evaluation fee of $75. A record of conviction can affect your reputation, ability to get a job, and efforts to find a place to live. to the pretrial diversion program. When these requirements are applied (and they exist in what is likely the majority of cases), it is possible that a person has an interlock device their vehicle for longer than they would have been required to if they were convicted. Section 12-17-226.12 - Violations; waiver. Price Law Firm PC stands ready and able to help you with your DUI decisions. All rights reserved. After a period of time, you can apply for expungement of your records. as set out in the offenders agreement. diversion program. m1S3,\Y'~NXUHwNGU%.7}|FE^G@fiaitO=@I|/;G !kG2JzpXyDw#9=GC} QxI^ {H{a !+R761 T` Sometimes a defendant's entry is based on the prosecutors obtaining the consent of the victim of the crime. Section 12-17-226 - Definitions. Section 12-17-226.10 - Written agreement; other terms and conditions. Some cities around the state did so and some did not. Section 45-35A-56.01 - Established; discretionary powers; supervision and control. The length of a pre-trial diversion program varies between states and forfelonies and misdemeanors. However, in cases which the pretrial programs are established by the district attorney, the [r]emaining administration fees shall be allocated to the district attorneys office. Interlock ignition devices also track the number of times it detects the presence of alcohol. Do I need a lawyer? Alabama may have more current or accurate information. Price, Sr. , DUI Board Certified in DUI Defense Attorney. These programs focus on rehabilitation through a system that uses evaluation, screening, and education. They almost all have a few common threads. Though the legislature gave it no name, we will refer to it as the pretrial diversion program (PDP). The District Attorneys office will file a Motion to Nol Pros once the offender has successfully completed the program. If the interlock ignition device detects alcohol, it will not allow the car to start. Only those who are eligible and committed to completing the program will be considered. Pretrial diversion program fees as established by this act may be waived or reduced for just cause, including indigency of the applicant, at the discretion of the district attorney. 4 0 obj Auburn, AL 36830, LOCAL:(334) 821-3892 (27) Agree to be subject to any other terms or conditions as required by the district (b) As a condition of being admitted to the pretrial diversion program, the district 2016 Code of Alabama Title 12 - COURTS. Contact us. OPS is not liable for any incorrect information entered into the database. drugs are sold or used. Luckily, the juries in all three cases rendered not guilty verdicts! Only those who are eligible and committed to successfully completing the program will be considered. Each applicant will complete a plea agreement and explanation of rights form. > To request access, click here . which may also include services pursuant to Section 22-50-17. The first step in almost all diversion programs is paying an application fee. Additionally, the following terms are often used to describe programs of this kind: The prosecutor halts the case against the defendant so that they can meet certain conditions, including probation, counseling, and community service. Do I have to participate in the Diversion program once I have been extended an invitation? The agreement shall include the terms of the pretrial diversion program, the length of the program, as practicable as possible, the costs of the program to the offender, and the period of time after which the district attorney must dispose of the charges against the offender. . There was a period of time when we could not settle a DUI case. Explain to the defendant the process, purpose, and concept of PTD, and other options. The first step is to ask the court for pretrial diversion. Instead, the court will lay out several conditions that the defendant must meet. Article 8 - Courts. The advantage is that your charges could be dismissed and eventually expunged. Section 12-17-226.13 - Liability of district attorney, staff, officers, etc. Being "smart on crime" means we can lower the crime and recidivism rates, and in doing so protect the citizens of Montgomery County. With many pretrial programs lasting a year or even several years, this is a tremendous financial, as well as personal, obligation to the defendant. All Rights Reserved. By FindLaw Staff | The statement provided by the offender shall be admissible in any criminal trial. Many crimes are not eligible for pretrial diversion, and the fees associated with pretrial diversion can be substantial. Any existing or newly created pretrial diversion program, regardless of whether it was established by this division or created by local law, municipal ordinance, or other administrative action, or is an existing district attorney or . and verifying the offenders compliance with the terms of the pretrial diversion program Section 45-17-81.20 - Pretrial Diversion Program Fund. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. Section 12-17-226.9 - Treatment programs; drug testing. The Defendants case will be set for review in nine (9) months from the date of their guilty plea, unless the defendant has completed or is dismissed from the program sooner. | https://codes.findlaw.com/al/title-12-courts/al-code-sect-12-17-226-10/. (a) A defendant admitted into the program shall be assessed a fee up to one thousand dollars ($1,000), with the fee to be set by the circuit judge and paid to the county commission earmarked for the operation of the pretrial diversion program. B$5/w0D#: e[4w_Gy!DOsq6zpxK4(6v"1NP']D>DCnG0%BkMJv&^99q}$hwDHeHZ Victims and Law Enforcement will be contacted. Pretrial Diversion Lee County District Attorney's Office The Lee County District Attorney's Pre-Trial Diversion (PTD) Program diverts certain first-time nonviolent defendants from the traditional court system into an individualized and supervised restorative program. This program targets offenders who have been arrested but not convicted of a crime and are confined in the county jail. The PTD Office will schedule an interview after processing the application. interlock device for the duration of his or her time in the program. of the community, and not endanger in any way the person, property rights, dignity, When . Because failing to meet the requirements of a pretrial program can have serious consequences, its essential that participants understand the risks before making an application. Generally, it allowed them to not divert fees to their local district attorneys office. 32-6-49.1 to -49.24. This means that, if the defendant doesn't fulfill the conditions of the deferred adjudication, the state doesn't have to go back to the trial. Even if the prosecutor determines you are eligible for pretrial diversion, the judge has the ultimate say. HOURS:8:30AM 5PM(M-F). Pre-Trial Intervention Unit This diversion program was established for first time, non-violent offenders charged with any offense in the Alabama Criminal Code except those crimes which are Class A felonies or those crimes which result in serious bodily injury to the victim. A lot of court in Alabama have pre-trial diversion programs, but some do not. Now, [a]ny person charged in a district, circuit, or municipal court with a violation of this section or a municipal ordinance adopted in conformance with this section who is approved for any pretrial diversion program or similar program shall be required to install an ignition interlock device for a minimum of six months or the duration of the pretrial diversion program, whichever is greater, and meet all the requirements of this section and 32-5A-191.4. Pretrial diversion programs are creatures of statute. of the collection of court-ordered or agreed upon fines, fees, court costs, and restitution Get tailored advice and ask your legal questions. or orders. Attorneys representing indicted Defendants will need to file a Motion to Set a Plea Date. There is a nonrefundable $100 application fee. 611 E Glenn Ave A diversion program is a form of what I call "reverse probation". Generally, only first-time offenders and drivers who did not injure others while under the influence are eligible. You can show that drugs and alcohol played a major role in a non-violent crime. Pretrial Diversion Programs (PTD) are when a defendant knowledgeable agrees to court-ordered impositions of behavior and conduct for a defined period of time. If you refused the breath test or blew .12% BAC or greater, you did not qualify for the City of Huntsville diversion program. Deferred Adjudication / Pretrial Diversion. If the defendant meets the conditions, the charges are dismissed and the defendant won't have a record of conviction. % A pretrial diversion program is defined as [a] voluntary option that allows an offender, upon advice of counsel or where counsel is waived in a judicial process, to knowingly agree to the imposition by the district attorney of certain conditions of behavior and conduct for a specified period of time upon the offender which would allow the offender to have his or her charges reduced, dismissed without prejudice, or otherwise mitigated, should all conditions be satisfied during the time frame set by the district attorney as provided in the agreement. 12-17-226 (7). We will miss him more than we can ever express. The PDP grants the district attorney of each jurisdiction broad discretion in creating pretrial programs. The defendant will be required to work, perform community service, participate in counseling, drug & alcohol treatment, anger management, theft deterrent classes, report to the PTD Office, pay restitution if applicable, and anything else the District Attorney feels will aid in the rehabilitation of the defendant. Ala Code 12-17-226 to -226.18. Thus, even in those situations where one is able to circumvent the commercial drivers license prohibitions against pretrial programs, if the final result is that the client paid court costs as a condition of dismissal, this could be considered a conviction under the CFR. It is fair to say that most people who enter into a pretrial diversion pretrial program do so because they are desperate for a path out of the trouble they are in. Pay any applicable court costs and attorney fees before program completion. If you successfully complete your pretrial diversion program, the charges against you will be dismissed. Pay particular attention to the eligibility of DUIs. Each person intending to participate in the program will meet with the PTD Coordinator, Kayla Hicks, to complete their individualized PTD agreement.
