No. Participants are not required to reside in Cobb County.
Cases of family violence can be considered for the domestic violence track of Pretrial Diversion. Violent offenses which are not related to a domestic relationship generally are not eligible.
In cases of domestic violence, the length of the program is increased from six months to nine months to allow time for the participant to complete a 24-week batterer’s intervention program.
Generally, no. In most circumstances, screening will be done at the Cobb County lab. However, upon a showing of good cause after a full discussion with the Pretrial Coordinator, alternative arrangements for screening may be approved. It should be noted that prior approval is required, absent extenuating circumstances.
It depends. You should take medications only as prescribed by a medical professional. You are required to provide a list of all medications currently taken pursuant to a doctor's prescription at orientation (or as soon after as is possible). If your prescribing physician believes that no alternative medications will adequately address your medical needs, you must have him/her document this opinion in writing and you must provide that documentation to the Diversion Coordinator immediately. Compliance with this procedure will determine how positive drug screens will be viewed.
No. Any test indicating the use of an illegal drug at any time after the defendant’s arrest may be grounds for termination/denial from this program.
No. Participants may not consume any alcohol. Therefore, any positive result for alcohol on any drug screen may result in termination from the program.
Only in very rare cases would the fees be waived and at the discretion of the District Attorney’s Office. Any participant requesting such a waiver should be prepared to document an extraordinary circumstance or hardship which would make such action necessary.
The administrative fee, any restitution owed, and any reimbursement for appointed attorney’s fees are expected to be paid at orientation. However, upon a showing of good cause, the administrative fee may be paid in installments while in the program, if approved in writing prior to or at orientation. Defendants will not be allowed to participate in orientation unless all monetary obligations are paid or proper alternative arrangements made.
No. Online community service is not accepted by this program.
At orientation for the Pretrial Diversion Program you will be provided a list of approved community service locations but not a log for recording hours.
Yes. Community service performed after arrest but before program orientation can be counted toward this program’s requirements if the hours are completed at a location approved by the Pretrial Diversion Coordinator.
No. Community service must provide a benefit to the community, not simply free labor for a private business.
That question can only be answered by the judge hearing the case. No one involved with this program has authority to excuse a defendant or an attorney from a court date.
Yes. Please refer to the application instructions included with the application paperwork. However, participants and their attorneys should be aware that cases requiring payment of restitution must be indicted or accused.
Charges that are nolle prossed or dismissed because a defendant successfully completed the Pretrial Diversion Program will be restricted from public view.