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Pre-Trial Diversion Program
The Diversion program was created pursuant to O.C.G.A. § 15-18-80as an alternative to the prosecution of offenders in the criminal justice system. The Diversion Program is designed for first offenders who have committed crimes that did not result in injury to a victim, are other wise non-violent and non-aggressive in nature and do not involve driving under the influence charges, nor domestic violence; examples include but are not limited to Shoplifting, Underage Consumption, Possession of Marijuana. Therefore, because of the requirements set forth at O.C.G.A. §35-3-37,any case considered for acceptance in the Diversion Program must be accused or indicted prior to being accepted in the program. The Assistant Direct Attorney must approve any deviation from these published guidelines and may deviate from these guidelines.
Each individual accepted to participate in the Pretrial Diversion Program will be required to enter into a contractual agreement, and will be subject to an individualized program of supervision by the Municipal Court of Tybee Island, which may include counseling, education, drug screening, and community service work, for a specified period of time in lieu of traditional prosecution.
Participation in the Diversion Program will be voluntary and if there is counsel, with the advice of counsel, will occur prior to adjudication and if participants satisfactorily complete the Diversion Program, will result in dismissal or Nolle Prosequi of the charges. It is designed to benefit the individual program participant as well as the overall criminal justice system for the City of Tybee Island.
Entrance into the Pre-Trial Diversion Program:
Website:
1. Download, Print and Read the following:
a. Pre-Trial Diversion Program Guidelines
b. Pre-Trial Diversion Program Rules, Regulations and Procedures
c. Pre-Trial Diversion Program FAQs
2. Download, Print, Complete, Sign and Submit the following:
Application must be submitted at least 10 days prior to court date
a. Pre-Trial Diversion Program Application b. Pre-Trial Diversion Program Waiver of Rights
c. Pre-Trial Diversion Program Release and Waiver
Submit documents to: City of Tybee Island Municipal Court
P.O. Box 1340
Tybee Island, GA 31328 Email: Diversion@cityoftybee.org
You will receive a letter within 10 to15 days admitting you or declining you from the program. A new court date will be set at this time.
Court:
If you come to court and the Assistant District Attorney thinks you may be a candidate for the Pre-Trial Diversion Program you will be given a Pre-Trial Diversion Packet.
1. Read the following:
a. Pre-Trial Diversion Program Guidelines
b. Pre-Trial Diversion Program Rules, Regulations and Procedures
c. Pre-Trial Diversion Program FAQs
2. Complete, Sign and Submit the following:
Application must be submitted at least 10 days prior to court date
a. Pre-Trial Diversion Program Application b. Pre-Trial Diversion Program Waiver of Rights
c. Pre-Trial Diversion Program Release and Waiver
Submit documents to: City of Tybee Island Municipal Court
P.O. Box 1340
Tybee Island, GA 31328 Email: Diversion@cityoftybee.org
You will receive a letter within 10 to15 days admitting you or declining you from the program. A new court date will be set at this time.
Additional Pre-Trial Diversion Program Forms:
Pre-Trial Diversion Program Participant Information
Pre-Trial Diversion Program Constitutional Rights Questionnaire
Pre-Trial Diversion Program Extension of Time Request Form
Pre-Trial Diversion Program Monthly Report Form
Pre-Trial Diversion Community Service Referral Agreement
Pre-Trial Diversion Program Community Service Log