Diversion

diversion_photo

Program Overview:

The Pre-Trial Intervention Program, also known as Diversion, is offered to first time offenders as an alternative to prosecution. The Pre-Trial Intervention Program is strictly voluntary and is offered to defendants after an Assistant District Attorney reviews the case and determines that they meet the eligibility criteria. The program has been modeled after the Louisiana District Attorney Association’s program and is designed to meet the needs of offenders in attempt to: Read More

Contact

Tony LeMon – Chief of Diversion

DAMontgomery@22da.com attention Diversion

St. Tammany – 985-809-8383 – ask for a Diversion Specialist
Washington – 985-839-6711- ask for a Diversion Specialist

Conditions
FAQs
Expungement
Fee Assistance
Forms

Enrollment Process

Before someone can be considered for Diversion, the Criminal Division must first conclude that it is acceptable to “divert” criminal prosecution of the defendant charged.  

If a defendant meets the eligibility criteria for the program, and the victim has no opposition to diversion, an Assistant District Attorney will refer the case to the diversion department. Once the file reaches the diversion department, the case will be reviewed and the requirements will be determined. After a case is reviewed and the defendant is accepted into the program, a letter will be sent to the defendant advising him/her of an appointment date and time. At the appointment the defendant will meet with someone from the diversion department, and all of the conditions and guidelines will be explained. Should the defendant agree to the terms, conditions, and guidelines, the defendant will enroll in the program.

While On the Program

While the defendant is on the program, he/she will be completing the required conditions and will be monitored for compliance. The defendant must be complying with the conditions and requirements set forth, must maintain negative drug screens, and must not be involved in any illegal activity. Failure to remain in compliance will result in immediate termination from the program, and the defendant will be immediately subject to prosecution.

Upon Successful Completion

Once a defendant completes all of the program requirements and his/her monitoring period has elapsed, the District Attorney’s Office will “DECLINE PROSECUTION”. If the case was sent to diversion prior to a Bill of Information being filed, the District Attorney’s office will refuse the charge(s).

If the case was sent to the diversion department after a Bill of Information, the District Attorney’s Office will dismiss the criminal charge(s) by way of “Nolle Prosequi”.

The District Attorney will refuse or dismiss the criminal charges, pending successful program completion. However, the District Attorney’s office does not have the defendant’s arrest record expunged. If a defendant wishes to have his arrest record expunged, it is his responsibility to do so after successfully completing the Pre-Trial Intervention Program.

Advantages of the Pre-Trial Intervention Program

The Pre-Trial Intervention Program provides the defendant an opportunity:

  • For positive self-development,
  • To gain awareness to the consequences of future criminal behavior,
  • To avoid additional expenses as related to criminal prosecution,
  • To avoid a possible criminal conviction,
  • To remain in the community with limited disruption to family life and employment,
  • To get supervision to aid in deterrence of future criminal behavior,
  • To have his/her charge(s) refused or dismissed by the District Attorney’s Office, should he successfully complete the program

 Program Goals

The goal for the Pre-Trial Intervention Program is to give the defendant a service plan structured to help the individual avoid behavior likely to lead to future arrests.


Conditions

SAMPLE CONDITIONS 

  • Enrollment Fee
  • Monthly Fee
  • Random Drug Screens
  • Substance Abuse Program
  • Hours of Community Service
  • A certain number of hours of Voluntary Probation
  • Anger Management Program
  • Restitution for Damages
  • Cash restitution to the Victim(s
  • Shoplifting and Theft Offense Program
  • Mother’s Against Drunk Driving Meeting
  • Substance Abuse Subtle Screening Inventory
  • Driving Improvement Program
  • Hunter or Boater Education Course
  • And other conditions as the DA deems appropriate

ALL OTHER UNIDENTIFIED CRIMES will be reviewed upon their referral to the Pre-Trial Intervention Program. Requirements will be set based on case facts.

PLEASE NOTE: Any of these conditions may be modified at the discretion of the Pre-Trial Intervention Program Director or the District Attorney. Exact requirements will not be determined until the Director of the Pre-Trial Intervention Program reviews the individual case.

 Financial
  • Cost of the program depends on the offense.
  • Consideration will be given to defendants who cannot financially afford the program’s fees. However, should the defendant request for the financial obligations of the program to be waived or reduced, he or she will be required to provide proof of income by submitting copies of the last two (2) years tax returns. A reduction or waiver of the Pre-Trial Intervention Program’s fees DOES NOT waive any obligation to pay restitution.
Drug Testing

All defendants participating in the Pre-Trial Intervention Program will be required to submit to random drug testing.


FAQs

What forms of payment do you accept?

Who do I make my Money Order/Cashier’s Check payable to?

How do I turn in my payment?

If I enroll in the Pre-Trial Intervention Program, do I still have to go to court?

If I have completed diversion, do I still need to appear at my next court date?

Can I get an extension on my drug screen?

If I am late on a payment, will I be penalized?

How do I request diversion?

I missed my first diversion appointment, how do I get a new one?

How do I request reinstatement?

Can I get off of diversion early?

Can I participate in the Pre-Trial Intervention Program if I live out of the jurisdiction?


Expungement

Why Would a Person Need an Expungement?

The moment an individual is arrested by the police and taken into custody, that individual has a criminal history, even if the arrest does not lead to charges being filed or a convication. The consquences of a criminal arrest or convication can be severe and long-lasting. Employment opportunities, voting rights, access to government assistance, and financial aid for education and technical training can all be negatively impacted by the existence of a criminal records. Click here to learn whether you qualify and instructions on self-filing.


Fee Assistance

The District Attorney Warren Montgomery, through his Pre-Trial Intervention Program (PIP)/Diversion Division, offers each and every participant the opportunity to apply for a reduction in the enrollment fee charged to participate in the program. Specifically, if a participant does not have the funds or the ability to earn the funds necessary to enroll in diversion, the participant can complete and submit to this office a Financial Affidavit for consideration. If the participant qualifies, the enrollment fee can be reduced or even waived or a payment plan can be developed. However, those participants who receive a partial or full waiver of their enrollment will likely be required to perform additional community service work in exchange for that assistance.

Please call our office at (985) 809-8383 to discuss this offer of fee assistance.

Click here to print the Financial Assistance Form and submit to lmurphy@22da.com. You will be requested to provide your last two years of tax returns or other earnings records.


Forms