Federal Pretrial Diversion Update

Federal Pretrial Diversion

Tampa Federal Criminal Defense Attorney has  previously covered the Federal Pretrial Diversion here: Federal Pretrial Diversion Eligibility Criteria  According to the Feds, "Pretrial diversion (PTD) is an alternative to prosecution which seeks to divert certain offenders from traditional criminal justice processing into a program of supervision and services administered by U.S. Probation. 

We just obtained their manual that details the processes used in evaluating these cases for eligibility. The Federal Pretrial Diversion Manual describes the assessment procedure, which is helpful to know in deciding how to help get a defendant into pretrial diversion.

Review the Federal Pretrial Diversion Manual Here.

Excerpts From the Manual


Defendants and Offenders Subject to the Procedures

Subject to this policy is any person identified, prior to or subsequent to the formal filing of charges, by the United States Attorney’s Office or pretrial services or probation office as a candidate for diversion and who meets the eligibility criteria identified in the United States Attorneys’ Manual, Title 9, Criminal Division, Chapter 22, Pretrial Diversion Program.  The person identified as a candidate for diversion may seek advice of defense counsel and must sign a pretrial diversion agreement.

Impact on a Defendant's Job and Employment

The officer should obtain details about the candidate’s work history spanning the previous 10 years.  The officer may ask the candidate for a resume to help establish employment history or gather pay stubs and tax records to help verify previous employment.  If documents relating to past employment are not available, the officer should contact collateral sources or former employers to verify past employment.  After investigating and verifying past employment, the officer should ascertain whether employment program referrals are appropriate. If the candidate’s current employment would be jeopardized by an employer’s knowledge of the candidate’s participation in the diversion program, the officer should use pay stubs or other means of verification. The officer also should conduct employment contacts if such contacts will not jeopardize the candidate’s continued employment.