Understanding Pre-Trial Diversion Programs in Georgia

Facing criminal charges can feel overwhelming, especially if it’s your first time in the legal

system. In the state of Georgia, many counties offer something called a Pre-Trial Diversion

Program (in some counties it is referred to as criminal diversion). These programs are designed

to give eligible people a second chance by focusing on rehabilitation instead of punishment.

At Sara Stewart Law, our attorneys have experience with Pre-Trial Diversion in many counties in

Georgia and know who is eligible and how to apply for these programs.

What Is A Pre-Trial Diversion Program?

A diversion program is an alternative to going through the normal court process. Instead of

being prosecuted and possibly convicted, you may be offered the chance to complete a program

that includes classes, community service, and other requirements.

If you successfully finish the program, your charges will be dismissed—meaning you won’t have

a criminal conviction on your record.

Who Qualifies?

Not everyone is eligible. Diversion programs are usually meant for:

● First-time offenders or those with very limited criminal history

● Non-violent charges, such as shoplifting, trespassing, or minor drug possession

● People who are considered low risk by the prosecutor’s office

Each county sets its own rules, so eligibility may vary depending on where your case is pending.

Some counties specifically exclude DUI cases, while others may allow them under certain

circumstances.

The best way to determine your eligibility for a diversion program is to hire an attorney who can

advocate on your behalf with the State’s representatives.

What Does the Program Involve?

Once you are accepted into a diversion program in the county which is overseeing your case, you

will be assigned a series of requirements for your diversion program. While details differ from

county to county, most diversion programs include some combination of the following

requirements:

● Paying an administrative fee

● Completing community service hours

● Attending educational or counseling programs (such as substance abuse, anger

management, or life skills classes)

● Restitution to the alleged victim

● Regular check-ins with a diversion coordinator or supervisor

Programs are tailored to the individual and the case details, which means your requirements will

depend on your situation and the charges you face.

What Happens After Completion?

If you complete all the requirements of your diversion program, the prosecutor will dismiss your

case. This means:

● No conviction will appear on your record

● You may be eligible for record restriction (sometimes called expungement), which hides

the arrest from most background checks

● You get the chance to move forward without the long-term consequences of a criminal

record

What If You Don’t Complete the Program?

If you fail to complete the program—whether by missing classes, failing drug tests, or not

meeting other requirements—the case goes back to court. At that point, you may face the

original charges and the possibility of a conviction.

Why Consider Diversion?

For many people, a diversion program is the best possible outcome after an arrest. It offers a

clean slate by avoiding a criminal record, support and resources through counseling and

education, and a second chance to move on with your life.

Criminal diversion programs in Georgia are meant to help people learn from mistakes without

carrying the weight of a permanent criminal record.

If you or a loved one have been charged with a crime, it’s important to talk with an attorney

about whether diversion might be an option in your case. Diversion programs are difficult to be

approved for without the help of an attorney. Call Sara Stewart today to discuss your options,

which may include diversion.