Pretrial Diversion

Lee County District Attorney's Office

The Lee County District Attorney’s Pre-Trial Diversion (PTD) Program diverts certain first-time nonviolent defendants from the traditional court system into an individualized and supervised restorative program. Only those who are eligible and committed to completing the program will be considered.

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.

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. However, if the defendant does not complete the PTD program, they will be adjudicated guilty and sentenced as they would for any other conviction.

Pretrial Diversion Application PTD Fee Schedule PTD Guidelines & Eligibility

Pretrial Coordinator

334-737-3443

csmoak@leecountyda.org

The primary objectives of pre-trial diversion are:

To prevent future criminal activity among certain offenders by diverting them from traditional processing into community supervision and services.
To save prosecutorial and judicial resources for concentration on major cases.
To provide, where appropriate, a vehicle for restitution to communities and victims of crime. The period of supervision is not to exceed 18 months for felonies & 12 months for misdemeanors and traffic but may be reduced.

Are you a potential pretrial diversion candidate?

Candidacy Requirements

A list of eligible offenses is listed in the Eligibility Requirement and Program Guidelines. Pay particular attention to the eligibility of DUIs. We have made several changes in this area.

There is a nonrefundable $100 application fee.
The application and the fee must be filed and paid to the clerk’s office before the application will be considered.
Unindicted cases may enter the PTD program via plea on the information.
Each person intending to participate in the program will meet with the PTD Coordinator to complete their individualized PTD agreement. Only agreements completed by the PTD Coordinator will be accepted.
Each applicant will complete a plea agreement and explanation of rights form.
Felony offenders must plead guilty before the court.
Misdemeanor and traffic offenders may file a written guilty plea.
Each applicant must plead guilty to their charged offense; however, adjudication will be deferred.
Attorneys will need to notify their clients once their clients have been dismissed from the program.

Pretrial Diversion Checklist

Complete PTD Application.
File PTD Application and filing fee with the Lee County Circuit Clerk’s Office. Misdemeanor and traffic Defendants who apply for the PTD program at their initial appearance in district court will have their case continued 60 days to complete the Application and Agreement process.
The District Attorney’s office will complete a background check on each applicant. Victims and Law Enforcement will be contacted. A Notice of Denial will be filed for ineligible applicants.
The PTD Coordinator will contact eligible Defendants and schedule an intake appointment to complete the PTD Agreement.
Defendants in felony cases will enter their guilty plea before the court; however, adjudication will be deferred. Attorneys representing unindicted Defendants in felony cases will file a Notice of Intent to Plea on Information and Set a Plea Date. Attorneys representing indicted Defendants will need to file a Motion to Set a Plea Date. Defendants pleading guilty to misdemeanor offenses and traffic offenses may file a written guilty plea and explanation of rights to the court.
The defendant’s case will be placed on the court’s administrative docket until they are dismissed from the program. The Defendant’s case will be set for review in nine (9) months from the date of their guilty plea, unless the defendant has completed or is dismissed from the program sooner.
The District Attorney’s office will file a Motion to Nol Pros once the offender has completed the program. Defendants who do not complete the program will be terminated. They will be adjudicated guilty and sentenced according to the plea agreement. Additionally, they will forfeit all fees paid as a result of their participation in the program.
File PTD Application and filing fee with the Lee County’s Circuit Clerk’s Office. Misdemeanor and traffic Defendants who apply for the PTD program at their initial appearance in district court will have their case continued 60 days in order to complete the Application and Agreement process
The District Attorney’s office will complete a background check on each applicant. Victims and Law Enforcement will be contacted. A Notice of Denial will be filed for ineligible applicants.
The PTD Coordinator will contact eligible Defendants and schedule an intake appointment to complete the PTD Agreement.
Defendants in felony cases will enter their guilty plea before the court; however, adjudication will be deferred. Attorneys representing unindicted Defendants in felony cases will file a Notice of Intent to Plea on Information and Set a Plea Date. Attorneys representing indicted Defendants will need to file a Motion to Set a Plea Date. Defendants pleading guilty to misdemeanor offenses and traffic offenses may file a written guilty plea and explanation of rights to the court.
The defendant’s case will be placed on the court’s administrative docket until they are dismissed from the program. The Defendant’s case will be set for review in nine (9) months from the date of their guilty plea, unless the defendant has completed or is dismissed from the program sooner.
The District Attorney’s office will file a Motion to Nol Pros once the offender has successfully completed the program. Defendants who do not successfully complete the program will be terminated. They will be adjudicated guilty and sentenced pursuant to the plea agreement. Additionally, they will forfeit all fees paid as a result of their participation in the program.