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

Lagrange, GA |

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

Attorney Answers 4


  1. 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. 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 Georgia law, and is not directly applicable to any other jurisdictions, states, or districts. This response, or any response, is not legal advice. This response, or any response, does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information. Any state specific concerns should be directed to an attorney who is licensed to practice law in that respective state.


  3. 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. 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 information purposes. My response should not be taken as legal advise as no attorney / client representation exists. Additionally, the information given in this answer is specific to the State of Georgia only and should not be applied to any other state.

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