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Federal General Prison Talk, Introductions & Chit Chat Topics & Discussions relating to the Federal Prison & the Criminal Justice System that do not fit into any other Federal sub-forum category. Please feel free to also introduce yourself to other members in the state and talk about whatever topics come to mind that may not have anything to do with prison.

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  #1  
Old 06-20-2008, 04:51 AM
Twilightofidols Twilightofidols is offline
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Default Federal Pretrial Diversion Program

I've look everywhere and can hardly find any detailed info on the Federal Pretrial Diversion program outside of some very basic info.

Can anyone please enlighten me?

In practice, in what sort of cases/circumstances have defendents been able to participate? Misdemeanors only or felony too? Drug crimes or just white collar? Etc...

What is considered in selecting applicants outside of the basic criterion?

How does one apply before indictment and post arrest without knowing their charges? Or can you apply post indictment only?

Has anyone had any first or second hand experience with this program and can shed some light?
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Old 06-20-2008, 10:27 AM
Zelda50 Zelda50 is offline
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It is the prosecutor who decides whether pretrial diversion would be offered and I believe the defendant's attorney would approach the prosecutor to pitch for it and outline the reasons why the person would be a good candidate and suggest conditions for completing it. The diversion is usually for 12 months (and cannot exceed 18 months) and the prosecutor suspends indictment for that period of time. My understanding is that it is rarely used and and the prerequisites for federal pretrial release are:

The offense should not be diverted to the State
The person may not have two or more prior felony convictions
The person may not be an addict
The person cannot be a current or former public official accused of violating the public trust
The offense cannot be related to national security or foreign affairs.

The objectives of the diversion are to save government resources for concentration on more serious cases. Restitution is a common condition of the diversion.

Maybe someone else will have more detailed information to provide from personal experience. You can read the procedures the AUSA is supposed to use - in the U.S. Attorney's Criminal Resource Manual: http://www.usdoj.gov/usao/eousa/foia...9/crm00712.htm

Last edited by Zelda50; 06-20-2008 at 10:43 AM..
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Old 06-20-2008, 03:00 PM
Twilightofidols Twilightofidols is offline
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Thanks for the input. I've found that site previously and appreciate you taking the time to post it. Can anyone offer more information about the program?
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Old 06-21-2008, 11:45 PM
bellisq bellisq is offline
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I wouldn't call it a program, maybe an exception or a plea agreement, but maybe that is just semantics. I know a lot about the process, but it is vastly different according to what individual US Attorney's want in individual jurisdictions. If you want to know about NV, find the highest ranking member of the US Attorney's office who has left in the last 6 months and hire him for 2 hours. He will know if anyone has gotten to divert in the past year or 2, there is a list in all jurisdictions. No other information is going to be meaningful to you...only what is happening in your court, and only your attorney can negotiate for it.

I am very hopeful that the story changes as the presidential administration changes, assuming it is not McCain (although his wife got diverted after she stole drugs from her own foundation...pretty amazing how little press has been given to that fact.)

Last edited by bellisq; 06-21-2008 at 11:48 PM..
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Old 06-26-2008, 06:00 PM
Twilightofidols Twilightofidols is offline
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Thanks for the advice. Now the question is how would I be able to find such an individual? Any ideas bellisq? I'd be curious to know about your district as well.
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Old 06-26-2008, 08:15 PM
Zelda50 Zelda50 is offline
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I expect that the attorneys in the federal defender's office could tell you of such an individual. They'll know who's left the AUSA's office recently and is still in the area. Z.
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