Q: How can a defendant be considered for FODP / Pre-Trial Diversion?
A: First, a defendant must be represented by counsel to be considered for FODP. Defense counsel may then request an application so that a defendant can be considered for the program. Cases are considered for admission into the program after arrest and prior to indictment.
Q: Does defense counsel have to be retained in order to be considered for FODP / Pre-Trial Diversion?
A: No. Cases are evaluated based on the offense type, defendant’s criminal history, and the facts and circumstances of the offense. Whether counsel was retained or court appointed is NOT a factor for determining whether a defendant is admitted into the program.
Q: Does a defendant have to wait until their case is indicted to apply for FODP / Pre-Trial Diversion?
A: No. In fact, defendants enter the FODP / Pre-Trial Diversion program before the case is even presented to the grand jury for indictment. The case will be rejected if the defendant successfully completes the program.
Q: How long is the program?
A: The program is one year.
Q: What happens if a defendant violates their FODP / Pre-Trial Diversion agreement?
A: There are no progressive sanctions in the FODP / Pre-Trial Diversion program. That means the case will proceed to trial if a defendant violates the terms of the agreement. Any violation is cause for a defendant to be terminated from the program.
Q: Can a defendant be considered for FODP / Pre-Trial Diversion if they live out of state?
A: No. However, if a defendant is represented by counsel there may be alternative ways to resolve a case before a case is presented to the grand jury.
Q: Can a defendant apply for an expunction if they successfully complete FODP / Pre-Trial Diversion?
A: Yes, no earlier than one year from the date of program completion. This subject is covered in more detail in the agreement to enter the program.