What are diversion programs in Georgia criminal defense?
Georgia’s diversion programs let some people complete requirements in exchange for dismissal or no conviction. Prosecutors run the main one, and judges control others.
| Program | Who controls | Result | Source |
|---|---|---|---|
| Pretrial intervention and diversion | District attorney or solicitor | Dismissal after completion | O.C.G.A. § 15-18-80 |
| Conditional discharge | Judge | Drug possession, dismissed | § 16-13-2 |
| First offender | Judge | Exoneration on completion, no conviction | § 42-8-60 |
| Accountability courts | Judge and program | Treatment-based | §§ 15-1-15 to 15-1-18 |
| Juvenile diversion | Juvenile court, informal adjustment | Handled informally | § 15-11-515 |
| Local traffic programs | Court | Local | Varies |
Requirements. They can include fees, classes, community service, restitution, and no new offenses. Section 15-18-80 lets a program charge fees. Failure sends the case back, possibly with a stipulated statement of facts that hurts the defense, so read the contract.
Eligibility. Rules are set locally for pretrial programs. Violent offenses and repeat offenders may be excluded. Prosecutors have broad discretion, and review of a refusal is limited.
Benefit. Dismissal can open record restriction under § 35-3-37. A person should check if a guilty plea is required, since it can count as a conviction for immigration even with a later dismissal.
Timing. Ask early, and sometimes before indictment. A strong request includes the person’s record, the victim’s view, restitution, and a plan. Keeping treatment and restitution moving forward can strengthen the request.
A person with a case should get the program’s written terms before agreeing to anything.
General information about Georgia law as of November 2026. It is not legal advice and does not create an attorney-client relationship.