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Pre-Trial Diversion Program - Martin & Kent, LLC

What is the Pre-Trial Diversion Program?

PreTrialDiversion-1000-ffccccccTransparent-3333-0.20.3-1.pngThe Pre-Trial Diversion Program offers eligible first-time, non-violent felony offenders who, in exchange for accepting responsibility for their criminal conduct, have the opportunity to keep a conviction from being permanently entered on their record for certain misdemeanors and felonies.

The defendant agrees to satisfy various Program requirements which many include completing community service hours, S.W.A.P., obtaining a high school diploma or G.E.D., obtaining counseling and or treatment, writing a letter of apology to the victim, paying full restitution to the victim, and paying fees to the Pre-Trial Diversion Program. All applicants must complete an intake interview wit the State's Attorney's Program Coordinator and meet with and be screened by a panel of citizens from the community before the State's Attorney will consider admitting them into the Program.

Upon successful completion of the Pre-Trial Diversion Program, the State's Attorney will dismiss the charges he has brought against the defendant. If a defendant fails to successfully complete the Pre-Trial Diversion program, the defendant is terminated from the Program and the case is returned to court for sentencing on the original charges.

Pre-Trial Diversion Program Process

  • Application

The State's Attorney's Pre-Trial Diversion Program Coordinator will accept referrals into the Diversion Program at any time prior to the defendant's arraignment.

  • Intake & Fee

The Program Coordinator will explain the Program and conduct an intake interview with the prospective defendant. An applicant must pay a non-refundable application fee of $50.00 to the Circuit Court Clerk prior to scheduling an initial interview. He or she should bring a copy of the receipt from the Clerk to the initial interview.

At the conclusion of the intake interview, if the defendant meets all the requirements for acceptance into the Program and the Coordinator does not reject the defendant from the Program, the Coordinator will schedule a date for the defendant to appear before the Pre-Trial Diversion Citizens Panel.

  • Presentation to Citizens Panel

The defendant will be required to explain the charged offense to a panel of citizens from the community and accept responsibility for the offense. The panel members may ask questions of the defendant. The defendant will be excused and the panel members will deliberate regarding the defendant's acceptance into the Program.

After deliberation, the panel will make a recommendation to the State's Attorney to recommend or not recommend the defendant's participation in the program.

  • Presentation to the State's Attorney

After the Panel makes a recommendation, the file will be presented to the State's Attorney. The State's Attorney will either accept or reject the application. If the State's Attorney agrees to accept the defendant into the Program, the defendant will sign a Program Agreement on the next court date and plead guilty to the charges pending against him or her in open court. The court will not sentence the defendant on any charges, but will continue the case to a subsequent court date to permit the defendant to complete the Diversion Program. If the State's Attorney rejects the defendant's application, the Program Coordinator will notify the defendant's attorney and the State's attorney will resume prosecution of the criminal case.

  • Completing the Program

Upon successful completion of all of the requirements of the Pre-Trial Diversion Program, the State's Attorney will dismiss the criminal charges against the defendant. However, if a defendant fails to comply with the conditions of the Program Agreement or commits a new criminal offense, the defendant will be terminated from the Program and the case will be returned to court for a sentencing hearing on the original charges.

Eligibility Requirements

A defendant is not eligible for the pre-Trial Diversion Program if any of the following conditions apply:

  • He or she has a prior conviction or adult felony arrest.
  • He or she is currently on probation/supervision/conditional discharge for Misdemeanor or felony charges (Juvenile or Adult).
  • He or she is an active gang member.
  • He or she is charged with a non-probationable offense.
  • He or she is charged with drug or alcohol related offenses; including DUI and UPCS.
  • He or she is charged with using a weapon.
  • He or she committed the offense while on bond.
  • He or she is charged with identity Theft.
  • He or she is charged with a Traffic Offense.
  • He or she is in the United States illegally.

Contact Martin & Kent, LLC at (630) 480-0604 for more information and to learn how to successfully complete this program.

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