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What is Pretrial Diversion?
Pretrial diversion is the postponement of imposition of sentence upon any person who qualifies for the program, for a period of time not to exceed five (5) years, and is subject to certain conditions established by the Court on that person.
The positive is that IF you complete the program your charge is dismissed and you would not serve any jail time. Pretrial Diversion is controlled by KRS 533.250 to 533.262.
What is Pretrial Diversion in Kentucky?
In the simplest terms pretrial diversion allows a person to postpone their sentence and IF they complete the program their charges are dismissed.
Who qualifies for pretrial diversion?
To qualify for pretrial diversion a person must:
- Be charged with a Class D felony
- Not have been convicted of a felony in the last 10 years
- Not have been on felony probation or parole, or released from felony incarceration in the last 10 years
- Enter a guilty plea or an Alford plea on the charge
What are the requirements while you are on pretrial diversion?
During the pretrial diversion period, ALL participants must:
- Avoid violating the terms of the order
- Adhere to the rules set by their probation officer
- Avoid using drugs or alcohol, as they may be randomly tested
- Cannot possess of a firearm or deadly weapon
There can be different terms imposed on each individual person’s pretrial diversion program. An example is a restitution requirement if the victim of the crime had a economic loss, meaning you have to pay that person back for whatever loss there was.
***Please remember that a failure to satisfy any of the requirements of your Pretrial Diversion will result in your deal being revoked and you will go to prison without a trial because you have already plead guilty.***
What charges qualify for pretrial diversion?
Class D Felonies qualify for pretrial diversion. Class D felonies are the lowest class of felony in Kentucky, but they are still very serious. To learn more about the different types of charges in Kentucky, go to our Felonies & Misdemeanors Blog.
In Kentucky, a Class D felony can result in:
- 1 to 5 years in state prison
- Fines ranging from $1,000 to $10,000
- Double the gain from the offense
Examples of Class D felonies include:
- Possession of a controlled substance
- Stalking in the first degree
- Burglary
- Unauthorized use of a credit card involving a sum of money between $500 and $1,000
- Possession of a firearm by a convicted felon
- Wanton endangerment in the first degree
Some Class D felonies may be eligible for expungement, which means the conviction can be erased from your record. To learn more about Expungement in Kentucky, go to our Expungement Blog.
What happens if you complete pretrial diversion?
- At the completion of the program your charge will be changed to dismissed-diverted on your record.
- The charge will not constitute a criminal conviction.
- You are not required to list the charge on any application for employment, licensure, or otherwise unless required to do so by federal law.
Pretrial Diversion can be an extremely value option if you qualify, but it is extremely important to make sure you can complete the program, or it can result in you serving the time for the specific charge without the benefit of a trial.
What happens if you don’t complete your pretrial diversion program?
If you fail to satisfy your pretrial diversion program, that can result in the Court revoking your deal. If the Court revokes you will serve the time for your charge. Remember you have already pled guilty to the charge to be allowed to participate in the program.
