Instead, the court will lay out several conditions that the defendant must meet. In Alabama, there are currently 5 different ways to charge someone with driving under the influence (DUI). File the Petition and Order with the Circuit Clerk's Office within 30 days of the guilty plea. Additionally, the following terms are often used to describe programs of this kind: Deferred prosecution Pretrial intervention Accelerated pretrial rehabilitation Accelerated rehabilitative disposition Montgomery County District Attorney's Office - Serving Montgomery Al Defendants who do not successfully complete the program will be terminated. Section 12-17-226.17Pretrial diversion offender database. 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. 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 will file a Motion to Nolle Pros the case, and there will not be a conviction. When these requirements are applied (and they exist in what is likely the majority of cases), it is possible that a person has an interlock device their vehicle for longer than they would have been required to if they were convicted. To be eligible for pretrial diversion you must have a relatively clean record. Current as of January 01, 2019 | Updated by FindLaw Staff. Box 3310 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, in cases which the pretrial programs are established by the district attorney, the [r]emaining administration fees shall be allocated to the district attorneys office. established under this division, there shall be a written agreement between the district There are diversion programs within the Alabama DUI litigation system. Alabama may have more current or accurate information. The state of Alabama gives some one-time . Your Alabama criminal defense lawyer can not only explain your options, but they will also help determine your eligibility for this program and prepare the necessary paperwork for an application. I have tried many, many DUI cases in my career; more than any other attorney north of Montgomery, Alabama, I would surmise.
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pretrial diversion alabama