Copyright 2022 by Forsyth County, Georgia

Pre-Trial Diversion

The Pretrial Diversion (PTD) program is created pursuant to O.C.G.A. § 15-18-80 as an alternative to the prosecution of offenders in the criminal system. Entry into the program shall be at the discretion of the Forsyth County Solicitor General based upon the guidelines set forth herein.


In accordance with the conditions outlined in their agreements, individuals accepted into the PTD program will participate in an individualized program for a maximum period of twelve months in lieu of traditional prosecution. Participation in the program will be voluntary and with the advice of counsel if the offender wishes to seek such advice. PTD will occur prior to adjudication, and if the participant satisfactorily completes PTD his or her charges will be dismissed. PTD is designed for the benefit of the individual program participant as well as the criminal justice system for the State and Magistrate Court systems of Forsyth County.


ELIGIBILITY CRITERIA:
Acceptance into PTD will generally be based upon the following as set forth in O.C.G.A. § 15-18-80

1. The nature of the crime
2. The facts of the case
3. The prior arrest record of the offender
4. The notification of the victim when practicable and the response of the victim


ELIGIBLE OFFENSES:
1. Simple Battery/ Simple Assault (may include FVA cases)
2. Battery- depending upon the serious of the injury, the strength of the State's case and the availability and cooperation of the victim
3. Theft offenses
4. Affray
5. Disorderly Conduct
6. Criminal Trespass
7. Disrupting a Public School
8. Underage Possession of Alcohol
9. Traffic Violations Bureau cases
10. Possession of Marijuana


AUTOMATIC DISQUALIFICATION:
The following will disqualify an offender from the program. Any deviation must be by expressed consent by the Solicitor General or his Chief Assistant.
1. Prior arrests or convictions for the charged offense or an offense that is substantially similar
2. Extensive criminal histories
3. Cases involving firearms
4. Cases involving strangulation that are not prosecuted by the District Attorney
5. Crimes for which the law provides a mandatory minimum sentence of incarceration that cannot be stayed, suspended or probated


WHAT ARE THE REQUIREMENTS OF PTD?
The specific requirements of PTD differ slightly based on the nature of the charge. Generally, however, the Defendant is required to complete the following:
• Pay a program fee;
• Complete a substance abuse evaluation and any recommended treatment
• No possession of alcohol or drugs, with random screens
• Community Service work;
• Restitution (if any);
• Be fingerprinted (if required by statute); and Other specific requirements identified by the assigned ASG.


WHAT SHOULD I DO IF I HAVE QUESTIONS?
Any questions regarding PTD should be directed to the Pre-Trial Diversion Supervisor, Josh Patten jnpatten@forsythco.com.