Protect your rights, contact us today!
Protect your rights, contact us today!
A path to dismiss your charge and keep a conviction off your record. Free consultation, six days a week.
Pretrial diversion is a program that lets eligible first-time offenders complete a set of requirements in exchange for having their charge dismissed, which keeps a conviction off their record entirely. Authorized under O.C.G.A. § 15-18-80 and run by the prosecutor, it is one of the best outcomes available in a criminal case. Attorney Gregory Chancy helps clients determine whether they qualify, applies for entry, and guides them through completion. The first call is free. Call (770) 627-3221.
Pretrial diversion is a formal alternative to prosecution. Instead of taking a case through trial and sentencing, an eligible person agrees to complete certain conditions over a set period, and in exchange the prosecutor dismisses the charge once those conditions are met. Because the case ends in a dismissal rather than a conviction, there is no guilty plea and no finding of guilt on the record.
The program exists because Georgia law, under O.C.G.A. § 15-18-80, recognizes that not every offense is best resolved by a conviction, particularly for a first-time mistake. It gives a person the chance to take responsibility and move forward without the permanent record a conviction leaves behind. Entry is not automatic, and it must be applied for and approved, which is where having a lawyer makes the difference.
Eligibility for pretrial diversion is decided by the prosecutor and depends on the charge and your history, but the general requirements are consistent across the counties this firm serves. To qualify, a person generally must:
Admission is discretionary, meaning the prosecutor weighs the nature of the charge, the strength of the evidence, the person’s record, and the victim’s input. Because two people with similar charges can get different answers, how the request is presented matters, and that is part of what the firm does.
Once admitted, a participant completes a set of conditions before the charge is dismissed. These commonly include a period of supervision, classes or counseling relevant to the charge, community service, payment of program fees and any restitution, and staying arrest-free for the duration. Programs generally run from several months up to a year, depending on the charge and the county.
Completing every requirement on time is what triggers the dismissal. Falling short can return the case to prosecution, so it matters to understand the terms fully before agreeing to them. The specific conditions are set to the offense, and some, such as a theft class or a substance-abuse evaluation, are tied directly to the nature of the charge.
Completing pretrial diversion ends the case in a dismissal, not a conviction, and that distinction is the entire point of the program. A dismissal means there is no finding of guilt, which protects employment, housing, and professional licensing in a way a conviction never could. After the charge is dismissed, the arrest can then be restricted from public background checks under O.C.G.A. § 35-3-37, sealing it from the view most employers and landlords have.
That combination, a dismissal followed by record restriction, is what makes diversion worth the effort it takes. It closes the case without the lasting mark that follows a conviction for years, which is why it is often the single best result available for an eligible first-time charge.
Georgia has three related but distinct paths that can spare a first-time offender a conviction, and they are easy to confuse. Pretrial diversion under O.C.G.A. § 15-18-80 involves no guilty plea, and the charge is simply dismissed on completion. The First Offender Act under O.C.G.A. § 42-8-60 does involve a plea, but the court withholds a conviction while the person completes a sentence, and the charge is discharged without an adjudication of guilt if they succeed. Conditional discharge under O.C.G.A. § 16-13-2 is a similar mechanism reserved for certain first-time drug possession charges.
The First Offender Act and conditional discharge can each be used only once in a person’s lifetime, so the order in which they are used matters. Pretrial diversion is separate, and a person may generally still use it even if they have used one of the others for a different offense. Because First Offender is a single lifetime option, spending it on a minor charge that could have qualified for diversion or conditional discharge can cost a better option later. Choosing the right path is a decision to make with a lawyer, and it is one of the most valuable things counsel does early in a case.
Gregory Chancy, Esq. is the attorney and founder of Cobb Defense, and he handles every case personally, from the first call through resolution. He earned his law degree from John Marshall Law School in Atlanta and has practiced law in Georgia since 2017, and he is an Active Member in Good Standing of the State Bar of Georgia with no public discipline on record. He is a member of the State Bar’s Criminal Law Section, along with the Cobb County Bar Association, the Georgia Trial Lawyers Association, and the American Bar Association. Before law, he spent more than fifteen years in engineering, a background that shapes the methodical way he approaches a case.
Clients work with attorney Chancy himself, not a rotating cast of staff. You can verify his license and standing with the State Bar of Georgia. Consultations are always free.
Pretrial diversion is a program that lets eligible people complete certain conditions in exchange for having their charge dismissed. It resolves the case without a conviction and is often available to first-time offenders.
Eligibility generally depends on the charge and the person’s prior record, and the program is usually aimed at first-time, non-violent offenses. Each prosecuting office sets its own criteria and decides who is admitted.
No. Successfully completing pretrial diversion ends the case in a dismissal, not a conviction. That is the central benefit of the program.
If the conditions are not met, the case can be returned to prosecution and move forward as a normal criminal charge. Completing every requirement on time is what secures the dismissal.
In many cases the arrest can be restricted from public background checks after the charge is dismissed. Record restriction depends on the charge and the rules that apply.
The Law Office of Gregory Chancy helps clients with pretrial diversion across its service area. Call (770) 627-3221 to confirm the office covers your area and to set up a free consultation.
Pretrial diversion can be the difference between a dismissal and a conviction, so it is worth knowing early whether you qualify. Call (770) 627-3221 or send a message for a free consultation with a pretrial diversion lawyer.
A defense attorney matters at the two points that decide a diversion case: getting in and getting through. The firm reviews whether a charge and record qualify, presents the request for admission to the prosecutor, and helps a client meet every condition so the case ends in dismissal.
Because entry is discretionary and the conditions carry real consequences if missed, having counsel through the process protects the result. Where diversion is not available, the same review points toward the next best option, whether a negotiated reduction, First Offender treatment, or another resolution. Call (770) 627-3221 or use the form on this page.
Pretrial diversion can be the difference between a dismissal and a conviction that follows you for years, so it is worth knowing early whether you qualify. Call (770) 627-3221 for a free consultation with attorney Gregory Chancy, or use the form on this page. Every conversation is confidential, and the first call costs nothing.
If you have questions about your case or need immediate legal assistance, please complete the confidential contact form.