Name These fees shall be paid by the offender or the district attorney to the supervising At Haygood, Cleveland, Pierce & Thompson LLP, we have over 50 years experience representing clients accused of drug and DUI charges in Alabama. Pre-Trial Intervention Unit This diversion program was established for first time, non-violent offenders charged with any offense in the Alabama Criminal Code except those crimes which are Class A felonies or those crimes which result in serious bodily injury to the victim. This is a statutorily-authorized contract between the defendant and the prosecuting authority that, if all of the conditions of the contract are met, has a goal of the charges [being] reduced, dismissed without prejudice, or otherwise mitigated. Id. Ensure all forms are completed accurately and signed by the attorney and the defendant. and verifying the offenders compliance with the terms of the pretrial diversion program In 2013 the Alabama legislature passed an act that authorized municipalities to establish a pre-trial diversion program, in lieu of prosecuting the DUI case. The defendant will be required to work, perform community service, participate in counseling, drug & alcohol treatment, anger management, theft deterrent classes, report to the PTD Office, pay restitution if applicable, and anything else the District Attorney feels will aid in the rehabilitation of the defendant. 2021 Code of Alabama Title 45 - Local Laws. Copyright 2023 Montgomery County District Attorney's Office, Montgomery County District Attorney's Office, Live within commuting distance of Montgomery. 611 E Glenn Ave Office of Courts. (d) The offender shall further agree to the court's jurisdiction beyond the term of If you refused the breath test or blew .12% BAC or greater, you did not qualify for the City of Huntsville diversion program. of Veterans' Affairs and provide certified proof of completion to the district attorney. Driving under the influence of a controlled substance term of the pretrial diversion program. However, the various systems also had very little uniformity. It is undisputed that the ramifications of a conviction for any number of offenses can have lifetime consequences on a persons career and future opportunities. One thing that has happened in the last decade is that there has been an increase in the number of diversion programs. This can occur even if the person is undergoing diversion unless action is taken. If an offender meets certain criteria, the offender may be released into the custody of the Community Corrections Pre-Trial Release Program or "ROR" (Release on Recognizance). (6) Refrain from contact with certain persons or premises. The state of Alabama gives some one-time offenders a way out. Deferred Adjudication / Pretrial Diversion - FindLaw Pretrial diversion by district attorneys: In 2013, district attorneys were authorized to establish pretrial diversion programs. If the defendant doesn't satisfy the conditions, the court can enter a judgment and sentence the defendant. (18) Provide a statement admitting his or her participation in, and responsibility NOT SO FAST! Simply put, one is arrested for DUI when the police claim that the person had too much alcohol to drink. Forward the completed PTD Application to the PTD Office along with a copy of the signed Petition and signed Order within 30 days of the guilty plea. This also does not include special servicing fees if an interlock warning is triggered. Visit our attorney directory to find a lawyer near you who can help. No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers. stream In Alabama, there are currently 5 different ways to charge someone with driving under the influence (DUI). YOU MUST GET YOUR CASE EVALUATED EARLY! The first step in almost all diversion programs is paying an application fee. District Attorney's Office - 33rd Judicial Circuit The length of deferred entry of judgment (DEJ) varies by state and the type of offense involved. (25) Not to leave the State of Alabama without prior written consent of the district }. The following language is required pursuant to Rule 7.2, Alabama Rules of Professional Conduct. By FindLaw Staff | The Alabama State Bar is going paperless! If, as part of the pretrial diversion program, the offender agrees to plead guilty FROM THE ALABAMA LAWYER: Avoid Conviction Through Settlement - The Rise % Section 45-17-81.15 - Program Requirements. All rights reserved. #top .hr.hr-invisible.av-av_hr-c25424930c62797922745a394d24a4e0{ These Level 3 court referral programs come from a short list of facilities approved by the state and often cost thousands of dollars. as set out in the offenders agreement. If you have been arrested for DUI, possession of drugs, or another non-violent crime in Alabama, a pretrial diversion program or drug court may be for you if you meet certain criteria. If the defendant fails to meet the conditions of the pretrial diversion program, prosecutors can put the defendant on trial as if no diversion had taken place. Lee County Revenue Commissioner (20) Pay the application fee pursuant to this division. Part 7 - Pretrial Diversion Program. MONTGOMERY, Ala. (WSFA) - The Montgomery District Attorney's Office has launched a new drug diversion program to address addiction and curb recidivism. This site is protected by reCAPTCHA and the Google, There is a newer version of the Code of Alabama. Section 12-17-226.17 - Pretrial diversion offender database Instead, the court will lay out several conditions that the defendant must meet. Some cities around the state did so and some did not. this Division. Section 45-35A-56 - Definitions. Should you fail out of the program, the confession will be used against you to ensure a conviction, so its vital that you complete the program once you begin. 9, 2019 at 7:03 PM PDT. [Who is eligible?] Section 12-17-226 - Definitions. Pretrial Diversion - Lee County District Attorney At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Many Alabama courts have programs that allow defendants to avoid having convictions placed on their record. (11) Be required to comply with all municipal, county, state, and federal law, ordinances, Section 45-17-81.11 - Definitions. Section 12-17-226.1 - Authorization to establish program; discretionary powers; supervision and control; intervention plans. | https://codes.findlaw.com/al/title-12-courts/al-code-sect-12-17-226-10/. (a) A defendant admitted into the program shall be assessed a fee up to one thousand dollars ($1,000), with the fee to be set by the circuit judge and paid to the county commission earmarked for the operation of the pretrial diversion program. Chapter 17 - CIRCUIT AND DISTRICT COURT PERSONNEL. The statement provided by the offender shall be admissible in any criminal trial.