Felony Diversion in Georgia: How Pretrial Diversion Programs Work

What Is Felony Diversion in Georgia?

Felony diversion is a prosecutor-supervised agreement. The deal pauses a felony case while the accused meets set conditions. The prosecutor then drops the charge or enters a nolle prosequi. The case ends without a conviction. Criminal diversion is the umbrella term. The term covers programs at both the felony and misdemeanor levels.

In Georgia, the prosecuting office runs these programs. The judge does not. Georgia law lets the prosecuting attorney in each judicial circuit set up and run a Pretrial Intervention and Diversion Program. The same statute reaches prosecuting attorneys in state, magistrate, and municipal courts. They may do the same for cases in their courts. Solicitors-general handle the misdemeanor side. Their state court duties appear in a separate code section.

Three points matter from the start.

First, the prosecutor decides. The statute places entry in the prosecutor's hands, guided by written office policy. No defendant has a right to admission.

Second, programs run county by county. The Fulton, DeKalb, Gwinnett, Cobb, and Clayton offices each set their own rules, fees, and forms.

Third, diversion is not a plea. The court usually holds the case in abeyance while the program runs. The charge is then dropped rather than resolved by conviction. Much depends on the county and the prosecutor.

Who Qualifies for Criminal Diversion in Georgia?

Eligibility runs through two filters. Law and office policy come first. The prosecutor's judgment about your case comes second.

The statute requires each office to publish written guidelines. Those guidelines must weigh the nature of the crime. They must also weigh the applicant's prior arrest record and the victim's response. The law bars diversion for offenses that carry a mandatory minimum sentence. A court cannot suspend, probate, or defer such a sentence.

Common threshold factors include no prior felony convictions. Offices also look for no earlier use of diversion or first offender treatment. The ability to pay restitution matters as well. Offices look hard at whether the offense involved a firearm, serious injury, or a protected victim.

These programs almost always require a written agreement. The applicant usually waives certain rights, including speedy trial rights. Many agreements also waive the right to contest the facts after removal from the program. Applicants should review that agreement with counsel before signing.

Our firm works with metro Atlanta prosecuting offices on diversion requests. That work includes files an office turned down at first. More records, a treatment plan, or a workable restitution schedule can move a file back onto the table.

Charges Prosecutors Commonly Accept

Georgia offices most often take first-time property and financial cases. Examples include felony theft by taking and theft by shoplifting above the misdemeanor threshold. Forgery and financial transaction card fraud also appear. Criminal damage to property and low-level possession cases sit on many program lists.

Some first-time family violence-adjacent cases reach diversion. The victim must support that step. Prosecutors favor these files for three reasons. Restitution is easy to measure. The applicant has no record. The risk of a new offense looks low.

Drug possession cases often take a different path. A court may route them to conditional discharge. An accountability court is another option. None of this promises admission in any given case.

Factors That Can Disqualify You

Several facts often close the door. A prior felony conviction usually disqualifies an applicant. So does a prior first offender sentence. Pending charges in another county have the same effect. So do violent offenses, offenses listed under Georgia's serious violent felony statute, and sex offenses. A victim who objects can end a request. So can restitution the applicant cannot in fact pay.

Probation or parole status is often fatal. Most offices will not divert a case while another court already supervises the same person.

A denial in one county does not always mean denial in another. Much depends on the facts, the prosecuting office, and the assigned assistant district attorney. A case-specific review is necessary.

Felony and Misdemeanor Diversion Program Differences

The two tracks differ on five points, a split our Fulton County felony charge guide breaks down further.

Who runs it. District attorneys handle felony cases in superior court. Solicitors-general handle misdemeanors in state court. City prosecutors run some municipal court programs.

Length. A misdemeanor diversion program often runs a few months. Felony tracks often run six months to two years.

Conditions. Misdemeanor tracks lean on community service and a class. Felony tracks add restitution, supervision, drug screens, and treatment.

Cost. Fees vary by office. State law caps the program fee at $1,000. An office may waive the fee or accept monthly payments for good cause.

Failure. In both tracks the office may end the agreement. The office can then take the original charge forward. The stakes are simply higher on the felony side.

Georgia offers other paths when diversion is not an option. Each path is legally distinct. Each one affects your record in a different way.

First Offender Act treatment is a sentence. A judge imposes that sentence after a plea. Diversion, by contrast, comes before any plea. Someone who completes the sentence receives a discharge without an adjudication of guilt.

Conditional discharge under Georgia law applies to qualifying first-time drug offenses. The court defers further proceedings without entering a judgment of guilt.

Georgia's accountability courts offer a third route. These include drug court divisions. Georgia law also provides for mental health courts. It provides for veterans courts as well. Applicants should compare these options with counsel before choosing.

How the Diversion Process Works Step by Step

The sequence looks much the same across Georgia.

1. Arrest and charging. The file moves from the arrest to the prosecuting office.
2. Early contact by counsel. Your lawyer reaches the office. That contact often comes before indictment or accusation.
3. Application and screening. The office reviews the file, your history, and the victim's position.
4. The written agreement. Both sides sign terms. Those terms control the entire program.
5. The program period. You complete conditions and report as required.
6. Dismissal. The office drops or nolle prosses the charge after you finish.

Timing drives everything here. Many Georgia offices consider diversion only before indictment. Others allow it shortly after arraignment. Leverage is highest early, while a screening prosecutor still holds the file. Waiting to hire counsel can close the door before anyone reviews your case.

Applying and Negotiating the Agreement

A complete packet does most of the persuading. Offices usually expect the form, a personal statement, and proof of work or school enrollment, and making false statements on any of it can create a new charge. Letters of support help. So do treatment or counseling records tied to the charge. A written restitution plan with real numbers often matters most.

Several terms are open to negotiation. They include program length and the payment schedule. Two more terms matter. The first is whether the deal requires an admission of facts. The second is whether the deal addresses record restriction at the end.

Applicants should treat the agreement as a contract. Its removal and revocation clauses matter as much as its conditions.

Meeting the Conditions and Deadlines

Typical conditions include check-ins with a supervisor. Program and supervision fees apply as well. Offices require restitution in full. They also require community service hours and drug and alcohol screening. Treatment or a class is common. Applicants must avoid new arrests and stay in the jurisdiction.

A violation puts the original charge back in play. The prosecutor may end the deal and proceed on that charge. Your earlier admissions are sometimes available to the state.

Applicants should raise problems early. A job loss can threaten restitution payments. Telling your criminal defense lawyer before the deadline passes is the better course. Offices often adjust a schedule for someone who asks in advance.

Clearing Your Record After Completing Diversion

Finishing a program does not by itself give you a clean record. The arrest still sits in Georgia Crime Information Center records. Someone must restrict it first.

Record restriction is the tool for that. Charges dropped or nolle prossed after a diversion program may qualify. A well-drafted agreement states up front that the office will consent to restriction. At a minimum, the office will not oppose it.

Restriction differs from sealing the court file. Sealing requires a separate motion to the court that handled the case. Restriction limits access by most private employers. The record stays visible to law enforcement and to certain agencies.

Licensing boards, background checks, and immigration authorities may still see an unrestricted arrest. Non-citizens should speak with an immigration attorney first. That step should come before signing any diversion agreement. An admission of facts may carry immigration consequences even without a conviction.

Speak With a Georgia Diversion Attorney

Kohn & Yager LLC offers a free, private consultation about diversion. We review the charge, your record, and the criteria the prosecuting office applies. That review shows whether a diversion request is realistic.

When the odds look good, we prepare the packet. We then negotiate the terms that matter. Those include program length, the restitution schedule, and language on record restriction at the end.

Clients often miss the timing point. Many Georgia offices consider diversion only in a narrow window before indictment. Options narrow once that window closes.

We cannot guarantee any outcome. Admission rests on the prosecutor's discretion. Every case is different, and results depend on the specific facts. Our commitment is to pursue every option and protect your rights if the answer is no. A call today can start that review of your felony or misdemeanor charge.

Frequently Asked Questions About Diversion in Georgia

Does Completing a Diversion Program in Georgia Mean the Charge Is Dismissed?

Completing a program usually does end the charge. Most Georgia agreements state that the office will drop the charge or enter a nolle prosequi once you finish every condition. The dismissal is not automatic, though. The result follows the terms of your written agreement.

How Long Does a Felony Diversion Program Last in Georgia?

Felony programs often run six months to two years. Much depends on the county and the charge. Restitution often drives the length. Offices want payment finished before the case closes. Misdemeanor tracks are shorter, often just a few months.

Can You Get a Felony Charge off Your Record After Diversion in Georgia?

A felony charge can often come off your record after diversion. A charge dropped after a program may qualify for record restriction under Georgia law. Restriction hides the arrest from most private background checks. Law enforcement can still see the arrest. A lawyer can negotiate restriction language into the agreement.

Is Diversion the Same as Georgia's First Offender Act?

Diversion and First Offender treatment are two different things. Diversion is a pre-plea deal with the prosecutor, and the charge is dropped at the end. First Offender treatment is a sentence a judge imposes after a plea. The sentence ends in a discharge without an adjudication of guilt.

What Happens if You Fail a Diversion Program in Georgia?

The prosecutor may end the deal and move forward on the original charge. Your earlier admissions may be available to the state, depending on what you signed. Defendants should talk with their attorney as soon as a problem appears. Offices are more flexible before a deadline passes.