Pretrial Diversion Programs in Georgia

Pretrial diversion programs in Georgia offer an alternative to traditional prosecution for eligible defendants, allowing charges to be resolved outside the standard criminal trial process. These programs operate across Georgia's 49 judicial circuits and are governed by a combination of state statutes, prosecutorial discretion, and local district attorney policies. Understanding how diversion is structured — who qualifies, what participation requires, and what outcomes follow — is essential for defendants, defense attorneys, prosecutors, and researchers tracking alternatives to incarceration in Georgia's criminal justice system. The Georgia Legal Services Authority index provides broader context on the state's legal landscape within which these programs function.

Definition and scope

Pretrial diversion (PTD) in Georgia is a prosecutorial mechanism by which a defendant agrees to complete specified conditions in exchange for the dismissal or non-prosecution of pending criminal charges. It differs fundamentally from a plea agreement: no guilty plea is entered, no conviction is recorded, and successful completion typically results in record restriction eligibility under Georgia's criminal expungement and record restriction framework.

The statutory basis for prosecutorial diversion authority in Georgia is found in the Georgia Official Code Annotated (O.C.G.A.) § 15-18-80, which grants district attorneys broad discretion to establish and administer diversion programs. Individual judicial circuits may also operate programs under local court rules or standing orders, meaning program availability, eligibility criteria, and fee structures vary significantly across the state's 49 circuits.

Scope of this page: This page covers pretrial diversion programs operating under Georgia state law, administered by Georgia district attorneys and state courts. It does not address federal pretrial diversion administered by U.S. Probation and Pretrial Services under 18 U.S.C. § 3154 in Georgia's three federal districts (Northern, Middle, and Southern Districts). It also does not cover post-adjudication programs, drug courts (which involve judicial supervision and often a plea), or juvenile diversion handled under the Georgia Department of Juvenile Justice's separate framework. The regulatory context for Georgia's legal system page addresses the broader statutory environment.

How it works

The diversion process in Georgia follows a discrete sequence, though implementation details differ by circuit:

1. Referral and screening — Following arrest or charging, the defendant (typically through defense counsel) applies to the district attorney's office for diversion consideration. The prosecutor reviews the offense type, criminal history, and victim impact.
2. Eligibility determination — The DA's office applies circuit-specific criteria. Most programs exclude offenses involving serious bodily injury, sex offenses, DUI, domestic violence, and offenses with mandatory minimum sentences. First-time or low-level misdemeanor and felony offenders represent the primary eligible population.
3. Agreement execution — An eligible defendant signs a diversion agreement specifying program conditions, duration (commonly 6 to 24 months), and fees. The agreement is not a plea; charges remain pending during participation.
4. Program participation — Conditions typically include community service hours, restitution payments, substance abuse treatment, counseling, educational programming, or employment requirements. Compliance is monitored by the DA's office or a contracted supervision entity.
5. Completion and dismissal — Upon verified completion of all conditions, the district attorney dismisses the charges. The defendant may then petition for record restriction under O.C.G.A. § 35-3-37.
6. Non-completion — Failure to comply results in program termination and return to standard prosecution, with the original charges reinstated.

Fees are a consistent feature across Georgia circuits. Administrative fees for diversion participation vary by circuit but commonly range from $200 to over $1,000, separate from any restitution or treatment costs. The Georgia court filing fees and costs framework does not govern these fees directly, as they are set by the prosecuting authority.

Common scenarios

Pretrial diversion in Georgia is most frequently applied in the following charge categories:

• First-offense theft and shoplifting — Low-value property crimes where defendants have no prior criminal history are strong diversion candidates in most circuits.
• Drug possession — Simple possession of controlled substances, particularly marijuana possession cases that predate the 2019 Georgia Hemp Farming Act (Georgia Department of Agriculture, 2019), historically represented a significant diversion referral category.
• Hot check / bad check offenses — O.C.G.A. § 16-9-20 violations are frequently resolved through district attorney hot check diversion units, which operate in circuits including the Cobb County DA's office and the Gwinnett County DA's office.
• Minor assault and disorderly conduct — Non-domestic, low-severity offenses between parties with no prior relationship to the criminal system.
• Traffic and license offenses — Certain driving-related charges without aggravating factors may qualify in specific circuits.

Contrast: Diversion vs. First Offender Act — Georgia's First Offender Act (O.C.G.A. § 42-8-60) is a distinct mechanism. Unlike pretrial diversion, First Offender requires a guilty plea and judicial sentencing; the conviction is not entered upon successful completion, but the process occurs within the court rather than at the prosecutorial stage. Diversion resolves charges before any judicial proceeding; First Offender status is granted by a judge at sentencing. Both affect record restriction eligibility but operate through different legal mechanisms and suit different charge levels and defendant profiles. The Georgia sentencing guidelines and Georgia plea bargaining process pages address adjacent frameworks.

Decision boundaries

Prosecutorial discretion governs diversion eligibility, and no statutory right to diversion exists in Georgia. District attorneys are not obligated to offer diversion to any defendant. Key factors that influence the decision include:

• Offense severity — Felonies above a threshold seriousness level (violent crimes, sexual offenses, crimes against children) are categorically excluded across virtually all circuits.
• Criminal history — Prior felony convictions or prior diversion participation typically disqualify a defendant. Most programs are explicitly structured for first-time offenders.
• Victim position — Where an identifiable victim exists, the victim's input may be solicited per Georgia's victim rights framework (O.C.G.A. § 17-17-1 et seq.). Victim opposition does not automatically disqualify an applicant but carries significant weight.
• Prosecutorial policy — Individual DA offices publish or distribute diversion eligibility policies specific to their circuit. The Georgia Prosecuting Attorneys' Council (GPAC) provides coordination and model policies across the state's DA offices, though each circuit retains independent authority.
• Charge-specific statutory bars — O.C.G.A. § 40-6-391 (DUI), domestic violence offenses under O.C.G.A. § 19-13-1, and certain weapons charges carry explicit or de facto bars to diversion participation in most circuits.

Defendants who are denied diversion retain the right to contest charges through the standard criminal procedure process, including preliminary hearings, grand jury proceedings, and trial. The Georgia public defender system and Georgia legal rights of defendants pages describe the protections available through that process. Diversion decisions are not subject to judicial review in the same manner as sentencing decisions, reinforcing the centrality of prosecutorial discretion in program access.

References

• Georgia Official Code Annotated (O.C.G.A.) — Lexis/Justia public access
• O.C.G.A. § 15-18-80 — District Attorney Diversion Authority
• O.C.G.A. § 42-8-60 — First Offender Act
• O.C.G.A. § 35-3-37 — Georgia Record Restriction / Expungement
• O.C.G.A. § 17-17-1 — Georgia Crime Victims' Bill of Rights
• Georgia Prosecuting Attorneys' Council (GPAC)
• Georgia Department of Juvenile Justice
• Georgia Department of Agriculture — Hemp Farming Act (2019)
• U.S. Probation and Pretrial Services — Northern District of Georgia
• 18 U.S.C. § 3154 — Federal Pretrial Services Functions