of (14) Observe curfews, home detention, electronic monitoring, or travel constraints Communications between pretrial diversion program counselors and offenders shall be privileged unless a court of competent jurisdiction determines there is a compelling public interest that the communications be submitted to such . At Haygood, Cleveland, Pierce & Thompson LLP, we have over 50 years experience representing clients accused of drug and DUI charges in Alabama. Defendants pleading guilty to misdemeanor offenses and traffic offenses may file a written guilty plea and explanation of rights to the court. Section 45-17-81.15 - Program Requirements. costs, fines, fees, or child support withheld, accounts or assets forfeited, or wages (15) Enter into an agreement with the district attorney to have restitution, court 2023 Haygood, Cleveland, Pierce, Thompson & Short, LLP - All Rights Reserved | This is a, Agree to all of the conditions of the pretrial program, which may include counseling, Not be charged with any other offenses involving the sale of drugs, burglary or other charges excluded in the Pre-trial Diversion law, Agree in writing to pay all expenses associated with the program including investigative expenses, court costs, and attorneys fees, You are a first-time offender charged with certain alcohol or narcotic offenses, or. When you agree to participate in a pretrial diversion program, you provide a written confession to the prosecutor. Ala. Ala. Code 12-17-226 et seq. Certain types of offenses and offenders may qualify for programs that result in the dismissal of the case against the defendant upon completion of specified conditions. Disclaimer: These codes may not be the most recent version. Alabama may have more current or accurate information. This is a government system for AUTHORIZED OFFICIAL USE ONLY and is subject to monitoring. There are other circumstances as well that the mere admission of being under the influence can cause negative consequences. Chapter 17 - CIRCUIT AND DISTRICT COURT PERSONNEL. Copyright 2023 Price Law Firm PC. Several municipalities have passed a diversion ordinance, which applies to several types of cases. The diversion period begins upon execution of a Pretrial Diversion Agreement. Require the defendant to demonstrate good conduct throughout the process. Please check official sources. #top .hr.hr-invisible.av-av_hr-c25424930c62797922745a394d24a4e0{ Price, Sr. , DUI Board Certified in DUI Defense Attorney. Attorneys will need to notify their clients once their clients have been dismissed from the program. NOT SO FAST! Price, Sr., who is the ONLY attorney in North Alabama that is Board Certified in DUI Defense by the National College for DUI Defense, as sanctioned by the American Bar Association for the certification. File PTD Application and filing fee with the Lee County Circuit Clerks Office. Application fees vary from place to place, and can be several thousand dollars. Not have committed an offense involving burglary, sale of drugs, or any other charge excluded in Pre-Trial Diversion Law, Act 706, Section 7, Regular Session of the Alabama Legislature, 1978. (26) For, but not limited to, offenses involving a violation of any provision of Section 32-5A-191, be required to operate only a motor vehicle installed with an approved ignition If the defendant completes the program the case will not be brought to trial, the District Attorney will file a Motion to Dismiss the case with prejudice, and there will not be a conviction. A statute will set theeligibility requirements, but a prosecutor will make the ultimate determination about whether or not to allow a defendant to enter into a diversion program before trial. Only those who are eligible and committed to completing the program will be considered. They are not normally issued automatically and must be requested in writing. For misdemeanors, they generally run from six months to a year, while felonies generally run for one to two years. Section 45-17-81.21 - Violations; Waiver. At that time, the court shall order the offender to pay any and all remaining unpaid Failing the Diversion Program means DUI conviction. Alternative sentencing programs are typically used fordrug offenses, domestic offenses, or for first-time offenders. Article 6 - District Attorneys. Yes. The requirements of a pretrial diversion agreement vary depending on the nature of the charges: For example, if you are charged with an alcohol-related offense, you may be required to undergo substance abuse counseling; if it is a traffic-related offense, you may be required to complete a safe driving course. Section 45-17-81.20 - Pretrial Diversion Program Fund. any other workforce development program approved by the district attorney. for each offender and circumstances of the offender. completion of the program, the district attorney shall notify the court that the offender This program targets offenders who have been arrested but not convicted of a crime and are confined in the county jail. The District Attorney's Pre-Trial Diversion (PTD) Program diverts certain first-time nonviolent defendants from the traditional court system into a highly individualized and supervised restorative program. A lot of court in Alabama have pre-trial diversion programs, but some do not. All rights reserved. This removes a defendant from prosecution beforea guiltyornolo contendere(no contest) plea. 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. There ARE things that can be done to keep this from happening in many/most cases. Deferred adjudication (also called "a stay of adjudication") begins after a defendant has pleaded guilty or nolo contendere. Forgot password? Luckily, the juries in all three cases rendered not guilty verdicts! At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. I have been a DUI defense lawyer for over 35 years. Pretrial diversion programs are typically requested formally during the pretrial stages of a criminal case. (24) Abide by all conditions imposed for treatment by the United States Department At the discretion of the district attorney, all administration fees paid by the offender pursuant to this division may either be paid to the district attorney, to be placed in the District Attorneys Solicitor Fund, or if the district attorney and the clerk agree, may be paid to the circuit clerk of the jurisdiction for distribution to the District Attorneys Solicitor Fund. 12-17-226.11. Don't put the decision off any longer and call a localdefense attorneytoday. The requirements of a pretrial diversion agreement vary depending on the nature of the charges: For example, if you are charged with an alcohol-related offense, you may be required to undergo substance abuse counseling; if it is a traffic-related offense, you may be required to complete a safe driving course. (d) The offender shall further agree to the court's jurisdiction beyond the term of These Level 3 court referral programs come from a short list of facilities approved by the state and often cost thousands of dollars. HOURS:8:30AM 5PM(M-F). Pretrial Diversion Programs (PDP) Be determined eligible by the PTD staff through national, state, and municipal background checks, Have approval of the victim and arresting agency, Resolve any outstanding traffic citations or fines, including suspended or expired Driver's License and must not drive without a valid license. (c) Regardless of the ultimate disposition of the criminal charge, upon an offender's The application fee is $50 (non-refundable). After a period of time, you can apply for expungement of your records. term of the pretrial diversion program. 4 0 obj Any person charged with a crime as defined by the Code of Alabama 1975, which was alledgedly committed in the jurisdiction of the Thirty-Third Judicial Circuit. Instead, the court simply enters its judgment and sentence. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: Section 1. This site is protected by reCAPTCHA and the Google, There is a newer version of the Code of Alabama. Pretrial Diversion Programs (PTD) are when a defendant knowledgeable agrees to court-ordered impositions of behavior and conduct for a defined period of time. Our reputable attorneys offer knowledgeable legal counsel and high quality representation in a wide variety of legal matters. A list of eligible offenses is listed in the Eligibility Requirement and Program Guidelines. In 2018, the Alabama legislature, at the encouragement of interlock lobbyists, passed a bill that requires any person who enters a diversion, or similar program, to install an interlock device on his or her vehicle for period of six months, or the length of the diversion program, whichever is longer. Part 2 - District Attorney. Updated: Jul. Be approved by the Citizen's Advisory Commission on Prosecution with the defense attorney and a family member present. Are there fees involved in the Diversion program? Driving under the influence of a controlled substance, Driving under the combined influence of alcohol and a controlled substance, Driving under the influence of any substance that renders you incapable of safely driving. Follow us: Leave Review: | Call: 256-536-6000, By, Phillip B. The district attorney in each county determines the criteria for their drug court, but most of these programs are similar. Pretrial Diversion Program Watch on What is the Pretrial Diversion Program? 2016 Code of Alabama Title 12 - COURTS. Lee County Circuit Clerk In certain circumstances, a mere plea of guilty, or an admission of guilt, can have negative ramifications. Sen. Jim McClendon, R . It is fair to say that most people who enter into a pretrial diversion pretrial program do so because they are desperate for a path out of the trouble they are in. Our nations war on drugs and continuing campaign to squash impaired driving has created some harsh penalties that lock up and penalize non-violent offenders. We have made several changes in this area. In most cases, the citizen will have his or her drivers license confiscated and will also undergo a suspension of the drivers license for a period of time. The PTD Office will schedule an interview after processing the application. of Veterans' Affairs and provide certified proof of completion to the district attorney. (5) Refrain from the use of alcohol or drugs or frequenting places where alcohol or It is not unusual that court costs for a DUI and companion tickets could range from $500 to $1,500. 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. What happens if I do not participate in the Diversion program? If you successfully complete your pretrial diversion program, the charges against you will be dismissed. Pay any applicable court costs and attorney fees before program completion. "Thirty-five percent of the people who participated in pretrial diversion made less than $14,999, per year. Section 12-17-226.10 - Written agreement; other terms and conditions. Unauthorized access or use of this system may result in federal and state of Alabama criminal and civil penalties. 2022 which may also include services pursuant to Section 22-50-17. One of the common pitfalls a practitioner or a citizen would experience is for those with a class A. drivers license, otherwise known as a CDL. The Alabama State Bar is going paperless! These programs are typically referred to as pretrial diversion or deferred prosecution. Defendants in felony cases will enter their guilty plea before the court; however, adjudication will be deferred. DUI Diversion in Alabama. They will be adjudicated guilty and sentenced according to the plea agreement. If the defendant successfully completes the program, the case will NOT be brought to trial. The city, at that time determined that the persons who would qualify for the benefits of diversion would be limited to those who took the breath test and scored below .12% BAC. Those who are admitted to a pretrial can be subject to a wide range of requirements and expenses. Section 45-17-81.13 - Standards for Admission. Level 2 programs will typically be six to 12 months and cost in the range of $300 to $400 for enrollment. or morals of others or himself or herself. A diversion program is a form of what I call "reverse probation". Section 12-17-226.4 - Admission into program. The statement provided by the offender shall be admissible in any criminal trial. Pretrial diversion program fees as established by this act may be waived or reduced for just cause, including indigency of the applicant, at the discretion of the district attorney. Any existing or newly created pretrial diversion program, regardless of whether it was established by this division or created by local law, municipal ordinance, or other administrative action, or is an existing district attorney or . Visit our attorney directory to find a lawyer near you who can help. MONTGOMERY, Ala. (WSFA) - The Montgomery District Attorney's Office has launched a new drug diversion program to address addiction and curb recidivism. This website is designed for general information only. Lee County Sheriffs Office Whether to undergo the particular program requires a detailed analysis. Section 12-17-226.11 - Disposition of funds. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Section 12-17-226 - Definitions. . A pretrial diversion program is defined as [a] voluntary option that allows an offender, upon advice of counsel or where counsel is waived in a judicial process, to knowingly agree to the imposition by the district attorney of certain conditions of behavior and conduct for a specified period of time upon the offender which would allow the offender to have his or her charges reduced, dismissed without prejudice, or otherwise mitigated, should all conditions be satisfied during the time frame set by the district attorney as provided in the agreement. 12-17-226 (7). The interlock device is not specific for ethyl alcohol and it will beep intermittently and one must find a place to pull over and blow or the vehicle will go dead and will not start. Sign up for our free summaries and get the latest delivered directly to you. (Act 2013-353, p. 1265, 3.) against the offender. Your charges are for the distribution, sale, trafficking, or manufacture of narcotics, You have pending or past charges for the distribution, sale, or manufacture of drugs, You have been convicted in the past of a violent felony or any felony involving a firearm, You are a registered sex offender or have been charged with felony sex offenses. However, if the defendant does not complete the PTD program, they will be adjudicated guilty and sentenced as they would for any other conviction. Being "smart on crime" means we can lower the crime and recidivism rates, and in doing so protect the citizens of Montgomery County. If the defendant meets the conditions, the charges are dismissed and the defendant won't have a record of conviction. attorney or supervising agency or personnel and to execute a waiver of extradition You will then meet with the prosecutor who will determine if you are indeed eligible for the pretrial diversion program. While we are focusing on pretrial diversion for DUI, but it is important to know where they came from. The district attorney shall be given broad discretion in designing a program specifically Not only do you need to show that you meet the criteria for these programs, but you also need to convince both the prosecutor and judge that you are a viable candidate. 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. This is true even if the person is NOT convicted of the DUI that he or she had previously admitted to. B$5/w0D#: e[4w_Gy!DOsq6zpxK4(6v"1NP']D>DCnG0%BkMJv&^99q}$hwDHeHZ established under this division, there shall be a written agreement between the district Driving under the influence of a controlled substance 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. However, the various systems also had very little uniformity. The state of Alabama gives some one-time . Haygood, Cleveland, Pierce,Thompson & Short, LLP has been servicing clients throughout the state of Alabama since 1959. Stay up-to-date with how the law affects your life. | Last reviewed May 26, 2022. Copyright 2023, Thomson Reuters. We will miss him more than we can ever express. (23) Complete a certified mental health evaluation and treatment program. 32-6-49.1 to -49.24. as set out in the offenders agreement. from any other jurisdiction outside the State of Alabama, to exist only during the They are: The penalties include the possibility of the loss of ones drivers license, possible jail, probation, counseling and/or treatment, fines, along with many other fees and secondary effects on ones life. and verifying the offenders compliance with the terms of the pretrial diversion program Additionally, the following terms are often used to describe programs of this kind: Deferred prosecution Pretrial intervention Accelerated pretrial rehabilitation Accelerated rehabilitative disposition job training school, trade school, GED classes, adult basic education courses, or Section 12-17-226.5 - Program requirements; counsel; costs. They are: Driving with a blood alcohol level of .08% or greater Driving after drinking alcohol to the point that the alcohol makes you an unsafe driver. How they are allocated in municipal cases is determined by each citys municipal code. attorney set out in the pretrial diversion agreement. If one messes up, the court can automatically impose a DUI conviction that the person pled guilty to in order to get diversion. Section 12-17-226.14 - Funding of program. All Rights Reserved. Section 45-17-81.16 - Time for Application. circuit prior to admission of the offender in the pretrial diversion program. If the person fails with any aspect of the program, they are automatically up for automatic conviction and will suffer the consequences thereof. pursuant to Section 12-17-225, et seq. Meanwhile, the person charged with DUI does certain things, including but not limited to: counseling, treatment, community service, Victim Impact Panel, so-called color-coding, among many other possible requirements. Felony offenders must plead guilty before the court. Typically, this entails waiving ones right to a speedy trial, waiving ones right to a jury, tolling of the statutes of limitations, the entry of a plea to the charge which is accepted if the defendant does not comply with the terms of his agreement, waiver of the right to appeal, the timely payment of fees pretrial fees, and an agreement that the prosecution will nolle prosequi or dismiss the case upon completion. circuit or district court judge having jurisdiction over the offender within the judicial Interlock ignition devices are breathalyzers that are incorporated into the vehicles ignition system. Ala Code 12-17-226 to -226.18. Only those who are eligible and committed to successfully completing the program will be considered. Search, Browse Law For many people, it is an opportunity for a second chance. One must normally blow into the interlock device and show a BAC under a .02%. You either pled guilty or went to trial. The email address cannot be subscribed. The first step is to ask the court for pretrial diversion. For information regarding a specific legal issue affecting you, pleasecontact an attorney in your area. Attorneys representing unindicted Defendants in felony cases will file a Notice of Intent to Plea on Information and Set a Plea Date. The District Attorney's Pre-Trial Diversion (PTD) Program diverts certain first-time nonviolent defendants from the traditional court system into a highly individualized and supervised restorative program. Anyone applying for pretrial diversion should keep in mind that pretrial diversion programs vary from court to court. Finally, if an ignition interlock is required the person must obtain an interlock Scarlet Letter license which is an additional $150 and then pay another fee for a replacement license once they have that restriction lifted. Do I have to participate in the Diversion program once I have been extended an invitation? YOU MUST GET YOUR CASE EVALUATED EARLY! Section 45-17-81.18 - Substance Abuse Treatment Program; Drug Testing. While they complete the pretrial program, they may also have a monthly drug testing fees of $30 to $60, and they may have supervision fees around $40 per month. You agree to terms of the program that includes frequent drug testing and counseling. Do I need a lawyer? this Division. File PTD Application and filing fee with the Lee Countys Circuit Clerks Office. Victims and Law Enforcement will be contacted. drugs are sold or used. Alabama's Pretrial Diversion Program. For example, in California under toPenal Code Section 1000, deferred entry of judgment can last around 12- 36 months. There is a nonrefundable $100 application fee. The length of deferred entry of judgment (DEJ) varies by state and the type of offense involved. In short, you may be eligible for an Alabama drug court program if: You will not be eligible for Alabamas drug court program if: Rather than being placed in county jail or prison for a non-violent crime, Alabamas pretrial diversion and drug court programs offer individuals the opportunity to avoid a conviction and choose a different path. There is no greater example in showing a lack of consistency between programs than regarding the offense of driving under the influence. Contact us today at (334) 821-3892 oronlineto schedule a no-obligation consultation regarding your case. https://codes.findlaw.com/al/title-12-courts/al-code-sect-12-17-226-10/, Read this complete Alabama Code Title 12. It does not exclude people who have been previously arrested for DUI. They almost all have a few common threads. The former type is usually known asdeferred adjudication, while the latter category is generally known aspretrial diversion. P.O. Other first-time offenders and even some with light criminal records may be given unique opportunities by the courts if they meet the requirements. has completed his or her obligations under the program. Opelika, Alabama 36801, The Office Legally reviewed by Jeffrey Waggoner, Esq. Sometimes a defendant's entry is based on the prosecutors obtaining the consent of the victim of the crime. The agreement shall include the terms of the pretrial diversion program, the length of the program, as practicable as possible, the costs of the program to the offender, and the period of time after which the district attorney must dispose of the charges against the offender. These shall include, but are not limited to, supervision or driver's license reinstatement The DUI statute has been modified to allow ignition interlock devices, a constant monitoring device that prevents a motor vehicle from being started at any time without first determining the equivalent blood alcohol level of the operator. 32-5A-191.4. Section 12-17-226.1 - Authorization to establish program; discretionary powers; supervision and control; intervention plans. Keep reading. Section 45-17-81.19 - Written Agreement; Other Terms and Conditions. Get free summaries of new opinions delivered to your inbox! Because failing to meet the requirements of a pretrial program can have serious consequences, its essential that participants understand the risks before making an application. (22) Complete a certified drug or alcohol addiction evaluation and treatment program, (12) Be required to be absolutely truthful in any oral or written application or reports Many crimes are not eligible for pretrial diversion, and the fees associated with pretrial diversion can be substantial. One of the worst feelings is knowing that youve made a terrible mistake that could impact the rest of your life. Section 45-17-81.12 - Applicants for Admittance. Chapter 17 - CIRCUIT AND DISTRICT COURT PERSONNEL. If you need an attorney, find one right now. 12-17-226.3. Section 12-17-226.6 - Acceptance into program; termination from program; completion of program; Restorative Justice Initiative; violations of terms or conditions. (16) Complete approved community service. Sign a PTD Program Contract with the defense attorney and a family member present. The holder of a CDL shall not be eligible for a deferred prosecution program, diversion program, or any deferred imposition of judgment program. 32-6-49.23. This can occur even if the person is undergoing diversion unless action is taken. attorney may require the offender to agree to any of the following terms or conditions: (2) Participate in an education setting to include, but not limited to, K-12, college, So, it is a no brainer that the citizen accused of DUI should accept the diversion program with the City of Huntsville, right? This means that, if the defendant doesn't fulfill the conditions of the deferred adjudication, the state doesn't have to go back to the trial.