Pretrial Diversion Essay

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Pretrial diversion process is when defendants charged with non-serious offenses are diverted in lieu of prosecution, if they agree to complete certain requirements such as community services, enrollment in rehabilitation program, conditional supervision. The process give first time offenders a second chance at having a clean criminal record. The prosecutor’s office serve as a gateway as to which defendants are eligible for pretrial diversion process. Defendants are evaluate on certain factors to determine if the likelihood of future criminal behavior or noncompliance. The advantages to pretrial diversion is reduction criminal court caseloads due to the release of defendant back into the community. Secondly, the defendant is still able to contribute as member of the community through employment or community services. The reprimand actions fostered treatment and rehabilitation instead of punishment, which may lead to …show more content…

It was his first non-serious offense and his diversion arrangement is equal to the severity of his offense. He was accused of substance abuse and his remedies was completion of a substance abuse treatment program and participated in drug testing. One of the factor to determine if a person is consider for pretrial release is the ties to the community, employment, risk of failure to appear in court, compliance to community services. Rush Limbaugh fits into all of those categories since he gainfully employed in the community, positioned to support his families, pay taxes, well-known and able to disburse monetary restitute. I think the same deal would have been offered to someone with less status and money. The consideration for pretrial diversion process is based on factors of the individual such as employment status, substance, prior criminal record and record of failure to appear in court. The status and the amount of money a person has is not taken part of the assessment for pretrial diversion

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