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Pre – Trial Diversion
Massachusetts General Laws Chapter 276A governs the pre-trial diversion of selected offenders in the district courts. Pre-trial diversion gives qualifying defendants the opportunity to avoid the criminal system by participating in a program designed to better themselves. Generally, diversion programs are for non-violent misdemeanors. If the criminal charge is for a violent or serious crime, like a felony offense, the courts believe that the risk is to great to release a person into a diversion program.
An individual qualifies for diversion if:
1. They have no criminal conviction since reaching the age of 18.
2. They have no pending criminal cases or outstanding arrest warrants.
3. They are charged with a criminal offense the district court has final jurisdiction over, and
4. The defendant has a program that they can enter and benefit from, such as an alcohol or substance abuse program or psychological program.
The benefits of a pre – trial diversion disposition is that once completed, your criminal record will not reflect that you have been charged with a crime and the case will be dismissed.
Generally, pre- trial diversion is requested at your first court appearance and before you are arraigned or formally charged. If you have been arraigned, then generally, pre-trial diversion is not available to you. However, there are other avenues to resolve a case, such as pre-trial probation, that can be entered into with the court that reduce the overall impact of a criminal charge.
Attorney Neil Faigel Can Assist you with Pre-Trial Diversion
If you have been arrested or received a summons to appear in Court for an arraignment, please contact Andover criminal defense attorney Neil F. Faigel. He has successfully directed numerous clients into pre-trial diversion, thus saving them from the stigma of being charged with a crime. Attorney Faigel will protect your legal rights and provide you with the best opportunity to avoid a criminal charge. Call Attorney Faigel today at 978-681-9600 for a free phone consultation.