Pretrial Diversion Program

The Pretrial Diversion Program allows first-time, non-violent offenders an opportunity for rehabilitation by participating in various corrective programs. Upon successful completion of the program, the participant will have his or her case administratively dismissed by the Henry County District Attorney’s Office. Successful completion of the Pretrial Diversion Program will result in those particular charges being restricted from the participant’s criminal history. Failure of the participant to complete the Pretrial Diversion Program will result in the traditional prosecution of the charges in court.

The Pretrial Diversion Program was created pursuant to O.C.G.A. §15-18-80 as an alternative to the traditional prosecution of offenders in the criminal system. In accordance with the conditions outlined in the contractual agreements, individuals accepted to participate in the program will immediately be subjected to individualized and controlled supervisory programs for a specified period of time in lieu of traditional prosecution. The program is designed to benefit the individual program participant, as well as the overall justice system in Henry County.

Program Guidelines

Program participants must be at least 17 years of age and voluntarily agree to participate in the program.
Participants will be required to perform a specified number of hours of community service and be supervised for reasonable periods of time based on the nature of their charges. Participants must submit to an evaluation, undergo random drug and alcohol screens, pay all program fees and restitution, and participate in life skills classes. Participants also will be required to seek a high school diploma or GED. All participants must be represented by counsel – either the Public Defender’s Office or private counsel.

The program is designed for first-time offenders charged with offenses such as theft, criminal damage to property, forgery or drug possession.

The program excludes:
• People with felony convictions or open felony arrests
• People with more than two misdemeanor convictions
• People who are presently on felony parole or probation, including First Offender Probation
• People who have escaped from a mental hospital.
• People who have entered into a Felony Diversion Program before in this jurisdiction or another
• People who have gone through a Misdemeanor Diversion Program for charges of domestic violence or weapons violations
• Cases with physical injuries to the victim
• Cases involving weapons
• Cases that require mandatory minimum sentencing
• Charges of sexual crimes
• Domestic violence charges
• Felony obstruction charges