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How does a pre-trial diversion program work?

On Behalf of | Nov 2, 2021 | Drunk Driving

Many individuals who have been arrested on drunk driving charges find themselves fearful of the future. They may be riddled with anxiety over the possibility of going to jail or prison, and their nerves can be frayed thinking about losing their job, their driver’s license, and perhaps even their professional license.

But if you’re in this situation it’s important to realize that not all hope is lost. This is because you may have strong criminal defense options that can help you escape the harshest penalties sought by prosecutors, or maybe even sidestep conviction altogether.

The basics of pre-trial diversion

One way you may be able to achieve a favorable result in your drunk driving case is by pursuing a pre-trial diversion program. Colorado implemented these programs as a way to make victims and their families whole and to prevent recidivism. To qualify for a diversion program, prosecutors will assess the nature of the alleged offense, its context and severity, any special circumstances that may be applicable to you, whether diversion is a beneficial and effective way to rehabilitate you, and whether diversion is in the public interest.

If a pre-trial diversion program is offered to you, then you essentially sign an agreement with the prosecution whereby you consent to participation in education and/or substance abuse treatment programs, and maybe the implementation of an ignition interlock device. If you successfully complete the pre-trial diversion program, then your charges will be dismissed. If you fail to adhere to the agreement, then your case will proceed, and you could face conviction and the serious penalties that may accompany it.

Choose the criminal defense option that is right for you

Pre-trial diversion isn’t right for everyone, and some people may not even have that as an option. Regardless of your situation, though, you need to be prepared to push back against aggressive prosecutors so that you can protect your freedom and your future. That means knowing the law and how to competently navigate it to your advantage.