373) What is Pretrial Diversion (“PTD”) / Pretrial Intervention (“PTI”)? #HaberPA Miami Criminal Law
Channel: Michael Haber
Date: 2020-04-26

Thanks for asking me “What is Pretrial Diversion (“PTD”) a/k/a Pretrial Intervention (“PTI”)?”

Pretrial Diversion or Pretrial Intervention is an alternative to being prosecuted.  It’s a program that’s intended to divert qualified arrestees - usually first-time / non-violent offenders - out of the criminal justice system by making you jump through a series of proverbial hoops during a period of supervision, successful completion of which results in a dismissal.

The program is owned and operated by the State Attorney's Office and because of this the State has the absolute and unequivocal discretion as to whether or not to admit you, to establish the terms and conditions of supervision in your case and to determine whether or not you’ve successfully completed the program and thereby earned your dismissal. 

A few important things to note about diversion are:

1) There’s no right to diversion and not everyone qualifies for it;
2) Because the State Attorney’s Office exclusively owns and operates diversion, absent the State’s blessing your Judge is powerless to force your enrollment, to re-enroll you or to graduate you from diversion.
3) Even though you’re supervised, diversion is NOT probation and your diversion supervisor is not a probation officer.
4) There’s usually “zero tolerance” for failure so if you don’t do what you’re supposed to do - when and how you’re supposed to do it - or if you do anything that you’re not supposed to do then you’ll probably be bounced out of the program and have to face your charges.
5) Because many diversion programs require that you admit guilt as a precondition to enrollment you should probably consult with a lawyer before doing so. 

Thanks for your question, I appreciate you’re having asked it and I invite you to ask me more.  Please remember that at #HaberPA it’s all about reasonable doubt, and if you like this video then please subscribe to our YouTube channel / VideoFAQ (link below) and we’ll be putting out more soon! 

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