DeKalb County’s Domestic Violence Pre-Trial Intervention Program (DVPTI)

              If you are facing a domestic violence charge in DeKalb County, the Domestic Violence Pre-Trial Intervention Program (DVPTI) may be an option for you. The DeKalb County Office of the Solicitor General has enacted a program that allows certain defendants arrested for family violence battery the option to enroll in a program that will result in the case being dismissed. The terms of the DVPTI program can differ, and they typically range from a few anger management courses to a full 24-week program. This program gives first-time domestic batterers the opportunity to receive classes and counseling versus jail and conviction. The purpose is to reduce the risk of re-offending while giving first-time offenders a second chance.

Why Pick DVPTI?

              DVPTI is completely voluntary. It is essentially a diversion from the typical criminal justice process. If you decline the enrollment in the program, the case will be sent to a trial court to be formally prosecuted. What this means is you will be asked to enter either a Guilty or a Not Guilty plea to the charges. A guilty plea will result in a criminal conviction that will remain on your record forever as well as a sentence which tends to be more harsh than that which is offered in the DVPTI. Alternatively, a Not Guilty plea will result either in a jury trial or a trial in front of a judge. DVPTI, on the other hand, does not require a plea at all since it is a diversion option. It gives you the opportunity to be in charge of the dismissal.

End Results

              If you successfully complete the terms of the DVPTI program in DeKalb County, the case will be fully dismissed against you, and the arrest will be sealed off of your record. This means potential employers will not be able to see that you have been arrested for family violence battery and you can honestly say you have not been convicted of the crime.

              If you have been arrested for Family Violence Battery in DeKalb County (or any county in the State of Georgia), call us now for a FREE CONSULTATION at 404-581-0999.

Atlanta Pre-Trial Intervention

The Municipal Court of Atlanta has a special program for minor traffic offenses and some accident cases that involves dismissing these cases without them going on your driving history, without any points going on your drivers license, and without you using your nolo contendere plea. It is called the pre-trial intervention program – traffic division, and you can use the program once a year in the Municipal Court of Atlanta for certain citations.

What qualifies?

Some offenses that qualify are:

  1. Speeding offenses UNDER 34 miles per hour
  2. Minor traffic accidents without any injuries
  3. Three point moving violations that do not involve accidents

Entry into the program is voluntary and involves the payment of a fee and potentially completing a driver improvement course or other requirements. You can choose not to handle your case through the PTI-T program and preserve your right to a jury trial in your case. 

Call us today!

Finally, we’d love to help you navigate your traffic citation in the Municipal Court of Atlanta. Call our office for a free in-depth consultation of all your options to resolve your citation. During that consultation we will explain to you the possible and likely outcomes and what we can do for you to save you time and money. Many traffic citations in Atlanta can be handled by us without you ever going to court. Call us today for a free consultation regarding your traffic ticket at 404-581-0999.

Cobb County Misdemeanor Pretrial Diversion

Am I eligible?

If you are arrested for the following offenses, you may be eligible to participate in a diversion program.

The eligible offenses are:

  1. Minor in Possession of Alcohol
  2. Possession of a Fake ID
  3. Possession of Marijuana (VGCSA)
  4. Theft by Shoplifting
  5. Theft by Taking

So if you are arrested on any of these charges, do not walk in to court and plead guilty. You definitely will want to consider the diversion program. If you are accepted and complete the diversion program, then the case will be dismissed and your record will be sealed.

What do I do?

In Cobb County, the prosecutor, otherwise known as the Solicitor General, will require you to have an attorney. They will not let anyone enter into the diversion program if they are not represented by an attorney. We will work with you on a payment plan that fits your budget.

There is a $ 350 fee for any person that would like to participate in the diversion program.

There are several requirements that must be completed within 12 weeks once you enter the program. You can complete the requirements earlier than 12 weeks.

  1. Community Service:
    1. For Marijuana possession, theft by shoplifting and theft by taking, you must complete 40 hours of community service.
    2. For possession of a fake ID, you must complete 60 hours of community service.
    3. For minor in possession of alcohol, the community service varies:
      1. 40 hours – if you blow below a .08 or are not offered an opportunity to blow into a portable breath device
      2. 60 hours – if you possess a fake ID and blow below a .08
  • 80 hours – if you blow between a .08 and .15
  1. 120 hours – if you blow above a .15 or refuse.
  1. All Cobb County Police Officers are trained to request a breath test if you are caught with an alcohol and are not 21 years of age.
  1. Admissions
    1. For possession of a Fake ID and Minor in Possession of Alcohol, the defendant must admit, in writing, from whom and where they obtained the alcohol and fake ID
  2. Clean Screens
    1. You must pass 3 drug/alcohol screens during the 12 weeks. These drugs screens must be done through the Cobb County Superior Court Drug Lab unless previous permission is granted to do it elsewhere.
    2. These drug screens are for Minor in Possession of Alcohol, Fake ID and Marijuana Possession cases only.
  3. Alcohol and Drug Evaluation
    1. If you are charged with Minor in Possession of Alcohol, Fake ID or Marijuana Possession then you must complete an evaluation from a state certified evaluator. If this evaluation requires treatment, then you must complete the treatment within the allotted time.
  4. Theft Seminar
    1. If charged with theft by shoplifting or theft by taking, you must complete an approved theft seminar.
  5. Essay
    1. If you are under 21 years old, then you must handwrite a 2 page essay about why you should be admitted into the diversion program.
  6. Additional Classes
    1. For Minor in Possession of Alcohol, Possession of a Fake ID and Possession of Marijuana (VGCSA) you must complete one of the following:
      1. MADD Victim Impact Panel
      2. Teen Drug and Alcohol Impact Program (only if under 25 years old)
  • S.M.A.R.T. Program

So if you are arrested for any of the above, do not panic. Please call us so we can discuss your case, your defenses to your case and see if you are eligible to participate in the diversion program. It is a great way to make sure you do not have a criminal record.

Give us a call 24/7 at 404-581-0999 or email mike@peachstatelawyer.com

Pre-Trial Diversion in Georgia

Being arrested for the first time can be one of the most stressful experiences in one’s life. An arrest has the potential to change everything – where you work, go to school, your car insurance, where you live, and how others see you. If this is the first time you have found yourself in the position, do not walk into court and plea Guilty or Nolo Contendere, because there may be another option for you. A Georgia criminal defense attorney may be able to negotiate something different – something that doesn’t require you to plead guilty. If you enter a plea of Guilty or Nolo, the arrests and convictions do not age off your record; they remain on there forever. There are only a few ways that an arrest is restricted off your record from the public seeing it. Participating in a pretrial diversion program is one of those ways and might be an option to explore for your criminal case. Several counties and cities across Georgia have pretrial diversion programs designed to give you a second chance, and serve as an alternative to jail and convictions.

Pretrial diversion is an alternative to the traditional court process. It allows some first offenders, and even still others who have a history, to complete requirements prior to a court date in exchange for their case being completely dismissed. Requirements may include community service, theft class, or anger management. Pretrial diversion may be available for you if you were arrested in Georgia for Possession of Marijuana, Possession of drugs, Shoplifting, Battery, Assault, Minor in Possession, and the list goes on. A criminal defense attorney who is knowledgeable with the court can negotiate that the prosecutors potentially divert you from prosecution altogether, resulting in your case being dismissed.

Once you successfully complete a pretrial diversion program in Georgia as a first offender, the arrest itself disappears off your criminal record from the public’s view, and you can truthfully state with pride that you have never been convicted of a crime before. Your case will be dismissed in its entirety and you can breathe a sigh of relief.

If you are interested in resolving your case through pretrial diversion in Georgia, call us today for a free consultation at 404-581-0999. W. Scott Smith and his team have years and years of experience negotiating clients into pretrial diversion programs with the most favorable terms, even if the clients were ineligible under the State’s traditional guidelines.

 

by Mary Agramonte