Is it possible to requesta pretrial diversion for a 19 year old charged with a misdemeanor drug possesion charge in georgia?

Asked over 2 years ago - Lagrange, GA

misdemeanor possession of marijuana less than an ounce and failing to stop at stop sign

Attorney answers (4)

  1. Jeffrey Lloyd Wolff

    Pro

    Contributor Level 8

    6

    Lawyers agree

    Answered . Yes, it is possible but whether this can actually be accomplished is going to depend on many factors including: the diversion program in the given jurisdiction; the defendent's record; the strength of the case; and, a number of other factors. Hire an experienced criminal defense lawyer to assist you with this case.

  2. James Lawrence Yeargan Jr.

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . Yes, and that would be a smart thing to do. The benefits of the diversion program are that once someone completes it successfully the charges against them are usually dismissed, and they can then expunge the arrest from their record. By doing this they avoid having a drug conviction on their record, and they also avoid the 6 month hard suspension of their driver's license that accompanies a conviction for possession of marijuana.

    James L. Yeargan, Jr. is licensed to practice law in the State of Georgia. All information given is based only on... more
  3. Ashley Annette Adams

    Contributor Level 5

    2

    Lawyers agree

    Answered . You should consult an attorney who is familiar with the court where the charges are pending and they can let you knw if diversion is available and what will be required by the court.

  4. George F. Mccranie IV

    Pro

    Contributor Level 15

    1

    Lawyer agrees

    Answered . Yes it is possible to request a "pretrial diversion. Georgia actually has a conditional discharge statute that accomplishes this end. If allowed by the court a person would enter a plea under the statute and upon successful completion of the terms and conditions of the conditional dismissal the charge would be dismissed. It can also be negotiated in the plea that the charge itself can be expunged from the criminal record. *** this is not an automatic resolution to cases and each individual case is usually reviewed by the prosecutor on its own merits (strengths and weaknesses) and decisions to allow this plea are then made. The best way to achieve this type resolution is to retain an experienced criminal defense attorney that practices in the specific jurisdiction/court that the charge is brought in. This attorney will be knowledgeable of the specifics required to achieve this result in the particular court. I hope this information is helpful to you. Good Luck!

    The information provided in this response to a question is not legal advise and is provided only for general... more

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