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There is a nonrefundable $100 application fee. Section 2. (11) Be required to comply with all municipal, county, state, and federal law, ordinances, At that time, the court shall order the offender to pay any and all remaining unpaid Simply put, one is arrested for DUI when the police claim that the person had too much alcohol to drink. Instead, the court simply enters its judgment and sentence. obligated to pay that would have been assessed or owed upon a conviction or adjudication Section 12-17-226.5 - Program requirements; counsel; costs. For many people, it is an opportunity for a second chance. If the defendant doesn't satisfy the conditions, the court can enter a judgment and sentence the defendant. The PDP grants the district attorney of each jurisdiction broad discretion in creating pretrial programs. The goal is to allow the defendant time to rehabilitate themselves and demonstrate that they are capable of behaving responsibly; the state rewards the defendant by dismissing the charges. If an offender meets certain criteria, the offender may be released into the custody of the Community Corrections Pre-Trial Release Program or "ROR" (Release on Recognizance). Section 45-17-81.19 - Written Agreement; Other Terms and Conditions. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. There was a period of time when we could not settle a DUI case. Sign up for our free summaries and get the latest delivered directly to you. They almost all have a few common threads. (1) Provide a statement admitting his or her participation in, and responsibility for, the offense which is the subject of the application for entry into the pretrial diversion program. Pretrial Diversion - Lee County District Attorney Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. The defendants case will be placed on the courts administrative docket until they are dismissed from the program. Our reputable attorneys offer knowledgeable legal counsel and high quality representation in a wide variety of legal matters. Meeting with a lawyer can help you understand your options and how to best protect your rights. Then a defendant will typically be required to pay a processing fee of $150, victims impact panel fee of $35 to $100, and a court referral evaluation fee of $75. Upon successful completion of the pretrial diversion program, your charges will be dismissed, and your arrest record will be cleared. Disposition Granted pretrial diversion, Ms. Douglas was able to pay $4,298 in diversion fees and court costs and $1,614 in restitution up front. Looking to Apply for a Pretrial Diversion Program? Here's Everything This is a government system for AUTHORIZED OFFICIAL USE ONLY and is subject to monitoring. Forward the completed PTD Application to the PTD Office along with a copy of the signed Petition and signed Order within 30 days of the guilty plea. We will miss him more than we can ever express. 32-6-49.1 to -49.24. Careers, Alabama Attorney General Driving under the influence of a controlled substance, Driving under the combined influence of alcohol and a controlled substance, Driving under the influence of any substance that renders you incapable of safely driving. Help from a qualified attorney can be critical to getting the deal you need to avoid a criminal conviction. A diversion program is a form of what I call "reverse probation". In this way, it resembles probation, but in most other respects a deferred adjudication proceeds similarly to a pretrial diversion. *sHsny+spM9B% )CS"Hf02vP zz In 2018, the Alabama legislature, at the encouragement of interlock lobbyists, passed a bill that requires any person who enters a diversion, or similar program, to install an interlock device on his or her vehicle for period of six months, or the length of the diversion program, whichever is longer. (3) If appropriate, attempt to learn to read and write. Each applicant will complete a plea agreement and explanation of rights form. https://codes.findlaw.com/al/title-12-courts/al-code-sect-12-17-226-10/, Read this complete Alabama Code Title 12. The Defendants case will be set for review in nine (9) months from the date of their guilty plea, unless the defendant has completed or is dismissed from the program sooner. A diversion program, generally speaking, means that one accused of DUI pleads guilty to the DUI, and the judge does not impose judgment or sentence. Section 45-17-81.13 - Standards for Admission. Alabama (a) A defendant admitted into the program shall be assessed a fee up to one thousand dollars ($1,000), with the fee to be set by the circuit judge and paid to the county commission earmarked for the operation of the pretrial diversion program. The defendant will be required to work, perform community service, participate in counseling, drug & alcohol treatment, anger management, theft deterrent classes, report to the PTD Office, pay restitution if applicable, and anything else the District Attorney feels will aid in the rehabilitation of the defendant. Stay up-to-date with how the law affects your life. Auburn Police Department Alabama Code Title 12. Courts 12-17-226.10 | FindLaw Price, Sr., who is the ONLY attorney in North Alabama that is Board Certified in DUI Defense by the National College for DUI Defense, as sanctioned by the American Bar Association for the certification. Standards for admission are broad, and district attorneys are authorized to coordinate with court-managed drug treatment courts. (27) Agree to be subject to any other terms or conditions as required by the district This written and submitted by: DUI defense attorney, Phillip B. Once the defendant meets the conditions, either the prosecutor or the court will dismiss the charges. Alabama Code 45-27A-30.05 (2021) - Program Requirements; Records this Division. Section 45-17-81.15 - Program Requirements. pretrial diversion program; and to amend Section 4 of Act 2018-517 of the 2018 Regular Session to conform to this act. (10) Be required to conduct himself or herself in an honorable manner as a good member This also does not include special servicing fees if an interlock warning is triggered. 2022 Pretrial Diversion and Drug Court Lawyers in Auburn (5) Refrain from the use of alcohol or drugs or frequenting places where alcohol or It does not exclude people who have been previously arrested for DUI. (a) The Office of Prosecution Services shall develop and maintain a pretrial diversion offender database.