Diversion Roadmap- Pre-Trial Diversion

The criminal justice system is more than a one-way road that leads to incarceration. Think of it instead as a complex network of highways, some leading to trial and sentencing, and others offering critical exits that prioritize rehabilitation over punishment. One of the most promising of these “off-ramps” is pre-trial diversion, a pathway designed to hold individuals accountable while addressing the underlying factors contributing to criminal behavior.

What Is a Diversion Program?

Diversion programs provide alternatives to traditional prosecution, particularly for individuals facing charges for low-level, nonviolent offenses. Instead of moving directly through the court system, eligible participants are offered a structured program that often includes elements such as:

• Community service

• Educational behavioral modification courses

• Restitution or fines

• Substance abuse treatment or mental health counseling

The goal of these programs is twofold: reduce recidivism and promote public safety through behavior change, not just punishment. In doing so, diversion allows individuals, especially first-time offenders, the opportunity to learn from their mistakes without incurring the lasting consequences of a criminal record.

The Role of Pre-Trial Diversion

Pre-trial diversion specifically occurs before a case goes to trial. It acts as a pause in the legal process, giving the participant time to complete a rehabilitative program in place of formal prosecution. If the individual fulfills the program’s requirements successfully, the charges may be dismissed entirely, clearing the path for a future free of legal burdens.

One of the most structured forms of pre-trial diversion is Deferred Prosecution.

Deferred Prosecution: An Opportunity for Change

Deferred Prosecution is a type of pre-trial diversion in which charges are temporarily suspended while the participant undergoes a targeted program tailored to their unique risk factors or personal challenges, whether those are related to substance abuse, anger management, financial crimes, or other issues.

There are usually just two outcomes in a deferred prosecution program. Those are:

• Complete the program successfully → Charges are dismissed; no criminal conviction is recorded.

• Fail to complete the program or reoffend → Prosecution resumes; charges are reinstated.

These programs provide individuals with the tools and support they need to make lasting change while preserving public resources and reducing the long-term costs of incarceration.

A Smart Path Forward

By investing in pre-trial diversion programs, jurisdictions are not only easing the burden on overcrowded court systems, they’re also reinforcing a justice model that believes in correction over conviction. These programs have the power to change trajectories, rebuild lives, and create safer communities through meaningful rehabilitation.

At Diversion Manager, we support agencies in designing and managing effective diversion pathways, making it easier to identify suitable candidates, track progress, and deliver outcomes that matter.

Contact Diversion Manager

If you need the support of our fully functional platform which can be configured to accommodate the automation and management of alternative programs with advanced workflow, communication, reporting, and integration with your case management system, then you need Advent Diversion Manager. Go to the Diversion Manager website to learn more and to schedule a demonstration of our fully functional platform.