In many jurisdictions, individuals arrested for the first time are given an option of keeping the crime off of their record without having to go to trial. Pretrial diversion is a program for certain first-time offenders to give them a second chance to avoid being marked by a felony conviction for the rest of their lives. Your New Hampshire criminal attorney may be able to assist you in entering this withheld sentencing.

While the details of the program vary somewhat from one place to another, the basic structure is usually the same. The judge will withhold adjudication for a certain period of time and place the defendant under certain restrictions similar to being on probation. If the individual complies with the terms and conditions of the pretrial diversion agreement, then at the end of the time period the charges are dismissed and the person is not convicted of the crime.

However, pretrial intervention is not the best option in all situations since this is only applicable for first-time offenders. Your New Hampshire criminal attorney will assist you in determining whether pretrial diversion is appropriate for your specific case by evaluating the strengths and witnesses of both your situation and the prosecution’s case.

There are two situations where pre-trial diversion would not be recommended. First, some defendants are simply unable to stay away from illegal activities and would prefer to close the case with a fine or a brief jail sentence. Second, if the defendant tends to be a repeat offender, especially for a specific illegal activity such as an alcoholic driver, you may be advised to go to trial with the chance that the outcome will save the deferred prosecution for a future arrest on more serious charges.

In either situation, you should consult with a criminal attorney for advice appropriate for your specific case.  Call experienced criminal defense attorney Sven Wiberg at 603-686-5454 for your free initial consultation.