Pre-Trial Diversion

About Pre-Trial Diversion

PURPOSE: The Cornelia Municipal Court Pre-Trial Diversion Program has been created pursuant to O.C.G.A. §15-18-80 with the purpose of providing alternatives to traditional prosecution with the goal of addressing the underlying causes of criminal behavior to reduce recidivism.

1. All charges may be considered for the Program.

2. Acceptance into the Program is at the discretion of the Solicitor of the Municipal Court of the City of Cornelia. Factors that may be considered will be the nature of the crime, prior criminal record of the Defendant, and opinion of the victim(s) pursuant to O.C.G.A § 15-18-80 (d) (1-3).

3. Defendant must enter the Program voluntary of his or her own free will.

4. Entrance into the Program is not an admission of guilt and the Defendant is presumed innocent.

5. Defendant waives any speedy trial right or demands. If completion of the Program is unsuccessful as determined by the Judge, prosecution of the charges will resume.

6. Defendant must not violate any law of any governmental unit including traffic citations and must comply with all conditions of bond. Defendant must report all violations within 72 hours.

7. Defendant is responsible for all costs associated with evaluations, treatments and/or classes.

8. Upon successful completion, the Judge will enter an order to dismiss the case.

9. A Program Administration Fee will be set by the Solicitor and must be paid to the Cornelia Municipal Court.

Defendant must provide proof of progress reports and completion certifications during the assigned time. Failure to attend/complete any of the requirements set by the Solicitor while on the Diversion Program will result in termination of the Diversion Program and a mandatory court reappearance and go before the Judge.