What is a Pretrial Diversion Program?

A pretrial diversion means that the prosecutor has agreed to refer you to a diversion program on the condition that the criminal charges against you will be dropped after a specific period of time or the case will not be convicted if you successfully complete the program (Minnesota Statute 401.065). Pretrial diversion programs are meant to "provide eligible offenders with an alternative to confinement and a criminal conviction."

Not all Minnesota counties/cities offer pretrial diversion programs, and not all crimes are eligible. A qualified criminal defense attorney can advise you of your options and negotiate with the prosecutor on your behalf.

It is very important to discuss your eligibility for these programs with a knowledgeable attorney prior to making any plea in court. Once you have pled, you no longer meet the definition of an "offender" and are thus ineligible for the program.

Minneapolis criminal defense attorney Carolyn Agin Schmidt is experienced in negotiating pretrial diversion programs for clients, including successfully obtaining entry to the programs for crimes that are typically ineligible. To learn more, contact her today.