Pretrial Diversion Program in Georgia – Alternatives to a Conviction in Georgia

I Am a First-Time Offender. How Can I Avoid a Conviction?

As a first-time offender, it might be overwhelming to face the consequences of your first arrest. Even if it is just a misdemeanor, a criminal conviction can cast a shadow over your future. We are here to help you take responsibility and shine a light on the alternatives and options offered by a strong defense.

Do not lose hope—pleading guilty is not the only option. Our skillful attorneys are here to lift you in your time of need. We can help you negotiate with prosecutors to fight the charges or reduce your sentence. Depending on the outcome, this could result in the charges being outright dismissed or even an acquittal.

But as you are a first-time offender, there is also another path. You can apply for a Pretrial Diversion Program.

What is a Pretrial Diversion Program?

Not all first offenders are subjected to a trial; instead, they may exercise their right to participate in a Pretrial Diversion Program.

A Pretrial Diversion Program- which can also be called a “diversion” or “pretrial intervention” is an arrangement with the state as a way to redirect offenders away from the standard steps of prosecution. These programs offer you a second chance- effectively allowing you to avoid trial and the possibility of a conviction in favor of rehabilitative methods. If you successfully complete the program, your charges will be dismissed.

Some examples of the rehabilitative options available with a Pretrial Diversion Plan are:

• Counseling and treatment programs for a wide variety of concerns, such as substance or alcohol abuse, or anger management classes.
• Restitution to any victims affected by your actions.
• Check-ins with a special diversion officer to keep you on the right track.

Why Should I Participate in a Pretrial Diversion Program?

There are many benefits to taking part in the Pretrial Diversion Program. By participating in the program, you are showing the court that you are taking accountability for your actions and can learn valuable life skills to help you avoid making the same mistakes that led you to your first offense.

On a practical level, successful completion of a program protects your record by dismissing your charges upon completion and keeping you out of jail. For many, it is a critical chance to move forward without permanent consequences.

It is important to remember that the Pretrial Diversion Program is a powerful opportunity, but it requires your full commitment and effort to succeed. While this path is a potential lifeline for your future, it is an earned privilege, not an automatic guarantee of dismissal.

There are specific conditions that must be met to qualify and participate, and we are here to ensure you are ready to seize this critical chance. Our dedicated attorneys will provide the expert guidance and support you need to navigate this process confidently.

What Happens if I Fail to Complete the Program?

While a Pretrial Diversion Program can be a second chance for many people, it is one that must be taken seriously. Every step in the program is an investment in your future self.

To work towards a clean slate, you must admit guilt and accept responsibility for your role in the offense. This can be anxiety-inducing- but remember that you are here to demonstrate that you deserve a fresh start. Discipline is key- because if you miss a class, fail a drug test, or fall behind on your payment schedule, the case could return to court, where that admission of guilt might be used against you.

Our job is to help guide you to success. It’s important to know that participating in diversion involves waiving certain rights, such as the right to a trial or the right to challenge evidence, which may remove defenses your attorney could have otherwise used to get a dismissal. We will help you to honor your investment in your future self by navigating this complex landscape- letting you get down to the business of working hard for your successful outcome.

What Charges Are the Most Likely to Be Approved for a Pretrial Diversion Plan?

Some charges are far more likely than others to be approved for participation in a Pretrial Diversion Plan. As the programs are designed for non-violent first-time offenders, sexual offenses or crimes involving significant physical violence or weapons are often determined to be ineligible.

Here are the top five categories of misdemeanor charges that are most often considered for a Pretrial Diversion Plan:

• Misdemeanor Possession of Marijuana (Less than one ounce)
• Misdemeanor Theft (Shoplifting)
• Underage Possession and/or Consumption of Alcohol
• Criminal Trespass or Disorderly Conduct
• Misdemeanor Traffic Violations

While these charges are commonly approved, your case is unique. Our attorneys know that the prosecution will make the final decision, and we will work to ensure that your commitment is known to all parties.

What Are the Downsides to Participating in a Pretrial Diversion Program?

Entering into a Pretrial Diversion is a strategic trade-off for your future self. To seize this opportunity, you must show the court you can be held accountable for your actions and accept responsibility for the charge. You are essentially entering into a contract with the prosecution to avoid the uncertain outcome of a trial.

For your experience in a Pretrial Diversion Plan to be successful, you must uphold your end of the bargain to the letter. There are strict guidelines that must be followed. If you fail to meet even the smallest condition of your agreement, your case could be sent back to court, where you could be convicted of your crime.

It is essential to know that the diversion plan is not free, but we advise you to take a look at every fee or cost as an investment in your future- a future with a clean record. We can help advise you along the way, but it is your dedication that will carry you over the finish line.

I’ve Completed My Diversion Program. What’s Next?

Once your case has been dismissed or you have successfully completed pretrial diversion, you’ve reached a significant milestone. However, there are still essential, proactive steps to ensure your name and record are fully protected. We are here to guide you through this process.

The first key action is to request the removal of related content from online news sources. By drafting and sending formal demand letters to websites like the Atlanta Journal-Constitution or Georgia Gazette, you can request the removal of online content and mugshots, a crucial step that helps protect your reputation and ensures your name won’t appear in the search engine results, allowing you to move on with a clean slate.

The next vital step is to file for Record Restriction (often called sealing) under Georgia law. This process involves filing the necessary paperwork to keep your arrest and case information from appearing on most background checks. Completing this action is truly empowering, as it allows you to move forward personally and professionally without the shadow of your past charges holding you back.

Schedule a Free Legal Consultation

To help you strategize this final phase, Zeliff | Watson proudly offers a free, no-obligation legal case evaluation. This is more than a meeting—it’s a confidential, hour-long consultation where you sit down directly with our experienced defense team. Everything you share is confidential; it’s fully protected under Georgia’s robust attorney–client privilege laws and will never be disclosed. Our attorneys don’t just listen; they analyze every angle of your case and illuminate potential strategies to achieve your best possible outcome. It’s your opportunity to ask every question about the process, the law, and your personalized next steps. Afterward, you receive a custom defense strategy outline and a transparent quote for representation—no cost, no obligation—just an honest, professional evaluation to empower you to make informed decisions.