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Pretrial Diversion
Last Updated on: 31st March 2025, 08:53 pm
FEDERAL PRETRIAL DIVERSION PROGRAMS
If you’re facing federal charges, you might be terrified of going to court, or ending up in prison. One option you may not know about is pretrial diversion. It’s a program that, if offered by the U.S. Attorney’s Office, can let you avoid a federal conviction. Below, we talk about how it works and what it takes to qualify.
WHAT IS FEDERAL PRETRIAL DIVERSION?
Pretrial diversion is an agreement between you and federal prosecutors. If you’re eligible, you enter a program that places you under supervision—for example, by U.S. Pretrial Services—instead of sending you straight to trial. If you finish the program successfully, the government drops your case and you walk away without a conviction. But if you violate the program conditions, they can prosecute you fully.
LOCAL DIFFERENCES
Each U.S. Attorney’s Office decides which crimes and defendants qualify. In some big cities, they may divert mostly low-level drug or fraud offenses. In smaller districts, prosecutors might let in first-time offenders who had a mental health crisis and broke the law. Regardless of location, the Department of Justice’s Justice Manual § 9-22.000 sets the overall guidelines. Still, local offices can add their own rules about who gets accepted.
WHO CAN APPLY?
- Non-violent, first-time offenders: Prosecutors look for people who have no major record and aren’t accused of violence. If you brandished a gun or hurt someone, you’re generally not eligible.
- Minor or moderate charges: The offense can’t be something that caused severe harm. Most offices don’t divert crimes like child exploitation or major corruption. If your conduct looks fixable through treatment and supervision, you have a shot.
- Acceptance of responsibility: Typically, you must admit what you did was wrong, even though you don’t plead guilty in open court. This is part of the written diversion agreement.
CONDITIONS AND REQUIREMENTS
If a U.S. Attorney approves you for pretrial diversion, you sign an agreement that outlines conditions like drug tests, counseling, paying restitution, or meeting regularly with a pretrial officer. You usually waive your right to a speedy trial, so the clock stops while you’re in the program. If you stay out of trouble for the agreed period—often 12-18 months—the government dismisses your charges. If you fail or pick up a new charge, prosecutors can bring the original case back to court.
POSSIBLE BENEFITS
Federal convictions carry huge consequences: prison, large fines, and a criminal record that blocks jobs. Pretrial diversion offers a second chance. If you complete the program, you avoid a formal conviction. That means no prison sentence, no felony on your record for the diverted offense, and no permanent stigma from this incident.
RISKS OF FAILURE
If you violate your contract—say you skip meetings, test positive for drugs, or get arrested again—the U.S. Attorney can cancel your diversion and prosecute you. Then you face the original charges with no discounts. You also lose any time advantage, because under 18 U.S.C. § 3161(h)(2) (the Speedy Trial Act), the clock was paused. They can move forward quickly, and you might end up with a harsher penalty. In other words, if you choose diversion, you have to take it seriously—any slip-ups can ruin your case.
WHY SPODEK LAW GROUP
We are Spodek Law Group, a nationwide federal defense law firm created by Todd Spodek. Our attorneys work on major federal matters daily. We don’t tolerate excuses—and we know exactly how local prosecutors decide these programs. Here’s the truth: if you can get into pretrial diversion, we encourage you to do it right. We’ll guide you through the requirements, deal with the U.S. Attorney’s Office, and keep you focused on success. Messing it up means you’ll likely face a trial. Doing it well could save your future.
STRATEGIES AND DEFENSE INSIGHTS
- Push for Diversion Early: If you qualify, your attorney should raise it before an indictment. Sometimes the U.S. Attorney will let you enter the program pre-charge.
- Highlight Personal Factors: Show prosecutors you’re a good candidate. Stress lack of prior crimes, willingness to get therapy, or pay restitution. They want to see you’re taking this seriously.
- Follow Every Rule: Once you’re in, follow instructions from Pretrial Services. Miss zero meetings. Stay out of trouble. Any violation can bring back the full case.
CALL US IF YOU’RE FACING FEDERAL CHARGES
If you think pretrial diversion might work for you—or you just want to explore every option—reach out to Spodek Law Group. We know how to push for the best outcomes. We do an honest review of your case, your background, and local policies, and then we fight to protect you. A federal prosecution is scary, but with the right strategy, you might walk away without a conviction at all.
DISCLAIMER
This article is for general information only. It does not create an attorney-client relationship. Every case is different, and you should consult an experienced defense attorney for advice about your specific situation. If you want our help, call us or fill out our online form. We’re available 24/7 because we take your future seriously.