Federal Pretrial Diversion

Tampa Federal Criminal Defense Attorney has previously covered the Federal Pretrial Diversion here: Federal Pretrial Diversion Eligibility Criteria According to the Feds, “Pretrial diversion (PTD) is an alternative to prosecution which seeks to divert certain offenders from traditional criminal justice processing into a program of supervision and services administered by U.S. Probation.

We just obtained their manual that details the processes used in evaluating these cases for eligibility. The Federal Pretrial Diversion Manual describes the assessment procedure, which is helpful to know in deciding how to help get a defendant into pretrial diversion.

Review the Federal Pretrial Diversion Manual Here.

Excerpts From the Manual

Defendants and Offenders Subject to the Procedures

Subject to this policy is any person identified, prior to or subsequent to the formal filing of charges, by the United States Attorney’s Office or pretrial services or probation office as a candidate for diversion and who meets the eligibility criteria identified in the United States Attorneys’ Manual, Title 9, Criminal Division, Chapter 22, Pretrial Diversion Program. The person identified as a candidate for diversion may seek advice of defense counsel and must sign a pretrial diversion agreement.

Impact on a Defendant’s Job and Employment

The officer should obtain details about the candidate’s work history spanning the previous 10 years. The officer may ask the candidate for a resume to help establish employment history or gather pay stubs and tax records to help verify previous employment. If documents relating to past employment are not available, the officer should contact collateral sources or former employers to verify past employment. After investigating and verifying past employment, the officer should ascertain whether employment program referrals are appropriate. If the candidate’s current employment would be jeopardized by an employer’s knowledge of the candidate’s participation in the diversion program, the officer should use pay stubs or other means of verification. The officer also should conduct employment contacts if such contacts will not jeopardize the candidate’s continued employment.

Federal Pretrial Diversion Eligibility Criteria

According to the Feds, “Pretrial diversion (PTD) is an alternative to prosecution which seeks to divert certain offenders from traditional criminal justice processing into a program of supervision and services administered by the U.S. Probation Service. In the majority of cases, offenders are diverted at the pre-charge stage. Participants who successfully complete the program will not be charged or, if charged, will have the charges against them dismissed; unsuccessful participants are returned for prosecution.”

The four disqualifiers are now — The U.S. Attorney, in his/her discretion, may divert any individual against whom a prosecutable case exists and who is not:

1. Accused of an offense which, under existing Department guidelines, should be diverted to the State for prosecution;

2. A person with two or more prior felony convictions;

3. A public official or former public official accused of an offense arising out of an alleged violation of a public trust; or

4. Accused of an offense related to national security or foreign affairs.

Tag Archives: Federal Pretrial Diversion