U.S. Dept of Justice's PreTrial Diversion Program - What SC Consumers and Their Lawyers Need to Know
United States Department of Justice's Pretrial Diversion ProgramThe U.S. Department of Justice has a Pretrial Diversion program (PTD) which basically allows a potential defendant to avoid criminal prosecution for lesser crimes. The person has to sign an agreement with the Department of Justice or U.S. Attorney's Office and agrees to be supervised by a Pretrial Services Officer for a period of time not to exceed 18 months. The subject will have to report to pretrial services and be booked, ie, fingerprinted, photographed, etc..., so the government can monitor the subject's behavior during the diversion period. It is important for the subject of the PTD program to not violate any laws during this time because doing so can result in the PTD being terminated and the original charges being prosecuted. Once a subject has successfully completed the PTD program, the government agrees to not prosecute the original charges. This program is generally used for first-time offenders who have committed lesser crimes. Some defendants are not eligible for PTD.
United States Department of Justice's Pretrial Diversion Program for SC Lawyer, Attorneys, Law Firms and ConsumersThose defendants are generally not eligible for PTD include drug addicts, public corruption defendants, felons with 2 or more convictions, and those accused of a criminal offense related to national security or foreign affairs. The USDOJ PTD program, eligibility, and procedures are set forth below.
Pretrial diversion (PTD) is an alternative to prosecution which seeks to divert certain offenders from traditional criminal justice processing into a program of supervision and services administered by the U.S. Probation Service. In the majority of cases, offenders are diverted at the pre-charge stage. Participants who successfully complete the program will not be charged or, if charged, will have the charges against them dismissed; unsuccessful participants are returned for prosecution.
United States Department of Justice's PTD ProgramThe major objectives of pretrial diversion are:
o To prevent future criminal activity among certain offenders by diverting them from traditional processing into community supervision and services.
o To save prosecutive and judicial resources for concentration on major cases.
o To provide, where appropriate, a vehicle for restitution to communities and victims of crime.
o The period of supervision is not to exceed 18 months, but may be reduced.
United States Department of Justice's PTD ProgramThe PTD divertee must have a lawyer, and must sign a contract agreeing to waive his/her rights to a speedy trial and presentment of his/her case within the statute of limitations. If the divertee is eligible for PTD, the U.S. Attorney should refer the case along with the investigative agent's report to either the Chief Pretrial Services Officer or the Chief Probation Officer for a recommendation on the potential suitability of the offender for supervision. As part of the background investigation, Pretrial Services will arrange with the United States Marshal's Office to have the divertee fingerprinted and to have such fingerprints submitted to the FBI on card FD-249. At the same time Pretrial Services should request notification of any prior record on the divertee from the FBI Identification Division Records.
United States Department of Justice's PTD ProgramThe PTD diversion period begins upon execution of a Pretrial Diversion Agreement. The Agreement (USA Form 186) outlines the terms and conditions of supervision and is signed by the offender, his/her attorney, the prosecutor, and either the Chief Pretrial Services Officer or the Chief Probation Officer. The offender must acknowledge responsibility for his or her behavior, but is not asked to admit guilt. The period of supervision is not to exceed 18 months, but may be reduced. In the case of Federal employees, the PTD Agreement will not require the offender's resignation from Federal service but will explicitly state that administrative action by the Federal agency will not be precluded and need not be delayed by the prosecutor's disposition of the case through diversion. The PTD Agreement may require that the U.S. Attorney provide a copy of the Agreement to the Federal agency by which the divertee is employed.
United States Department of Justice's Pretrial Diversion Program for SC Lawyer, Attorneys, Law Firms and ConsumersThe U.S. Attorney will formally decline prosecution upon satisfactory completion of program requirements. Notice of satisfactory completion will be provided to the U.S. Attorney by either the Chief Pretrial Services Officer or the Chief Probation Officer. In addition, the Chief Pretrial Services Officer (or the Chief Probation Officer) will file an FBI Disposition Form R-84 so that the record will indicate successful completion/charges dropped.Pretrial Diversion Agreements are a great way to resolve potential criminal charges. SC consumers should be aware of the PTD program when faced with potential federal criminal charges. SC criminal lawyers and attorneys should use this mechanism to help eligible defendants avoid prosecution.