Lew & Associates, PC CRIM 03C Blog – Initial Appearance – Pre-Trial Diversion

Alexandria criminal defense attorney

An Alexandria Criminal Defense Attorney Answers Questions about Pre-trial Diversions

Your Alexandria criminal defense attorney knows that in some jurisdictions, pre-trial diversions of minor charges may be offered by the prosecuting attorney.

What is a pre-trial diversion?

Typically, a pre-trial diversion offer is made to you and your Alexandria criminal defense attorney stipulating that the charge that has been brought against you will be dropped (with your record expunged), if you consent to a year?s adjournment and stay free from trouble and/or agree to other requirements, such as paying restitution or attending an alcohol or drug rehabilitation program.

Are pre-trial diversions beneficial?

While your Alexandria criminal defense attorney will advise that pre-trial diversions can be beneficial; in some cases they are not appropriate. Usually a defendant can respond only once to a diversion, therefore, if the diversion is accepted for one arrest, any subsequent arrests will not be offered a diversion.

What are some reasons to reject a pre-trial diversion?

An evaluation of your case, along with the prosecution?s strengths, should be performed by your Alexandria criminal defense lawyer. Some situations call for the charges to be fought with the hope that a victory will preserve the opportunity for accepting a diversion on future charges. For instance, if the prosecution?s case is fairly weak against a plaintiff who most likely will be arrested in the future, such as a repeat DUI offender, or a determined marijuana smoker, your attorney may advise rejecting a pre-trial diversion. Some defendants who are aware that they have difficulty staying clear of trouble may choose to face a brief jail term or fine and simply be finished with the process.

Obtaining legal counsel

The legal expertise of an experienced and knowledgeable Alexandria criminal defense lawyer can help you with your initial court appearance and potential offer of a pre-trial diversion. Please call the Law Offices of Lew & Associates, PC at 703-912-3100 to request a free consultation.