Experienced lawyers helping clients avoid jail terms through alternative sentencing options
Georgia diversion programs permit first-time offenders to avoid traditional prosecution if their actions did not result in harm to a victim and are non-violent and non-aggressive and do not violate certain drug laws. These alternative sentencing opportunities keep the criminal justice system from getting bogged down by the prosecution of people who are unlikely to reoffend. In addition, first-time offenders are given a second chance to avoid convictions on their criminal records. Successful completion of a diversion program results in dismissal or nolle prosequi of the charges. The Georgia rules of criminal procedure require a defendant to be represented by an attorney to apply to these special programs.
Our Marietta and Atlanta attorneys at Gentry, Smith, Dettmering, Morgan, Schnatmeier & Collins, LLP review your case to determine if you are a good candidate for a pretrial diversion program in Georgia. We file your diversion petition and take decisive steps to qualify you. As former prosecutors with 80 years of combined experience, we know what district attorneys and judges consider when deciding to offer this valuable sentencing alternative and meticulously craft your motion to the court accordingly. We ensure that you understand your obligations under the program so that you can meet your obligations in the time period allotted to you by the court.
Why agree to a pretrial diversion program in Georgia
The Georgia pretrial diversion programs are entirely voluntary. However, if you qualify and the state has sufficient evidence to meet its burden of proof, such a program is often the recommended course of action to avoid jail time and a criminal conviction. The terms of the pre-trial diversion program depend on the circumstances of your arrest and the crime with which you have been charged, including:
- Domestic violence
- Minor in possession (MIP)
- Violation of Georgia Controlled Substance Act (VGCSA)
Requisites for offenders considering alternative sentencing
Requisites for acceptance into a Cobb County, Georgia diversion program include:
- Victim responds positively to your petition
- You have no criminal record
- You are at least 17 years old
- With exceptions, you must be a resident of the county
- Your case is prosecutable
- You must be gainfully employed or a full-time student, except for homemakers
- You must maintain a stable residence
- You are not mentally incompetent to agree
- You voluntarily agree to waive certain rights and to accept the terms of the program
Learn more about diversion programs available in Marietta and Atlanta
Learn whether you qualify for a diversion program in Marietta and Atlanta, Georgia. Call Gentry, Smith, Dettmering, Morgan, Schnatmeier & Collins, LLP at 770.771.5097 or contact us online to schedule your free consultation.