Pretrial Diversion

Pretrial Diversion is a deferred prosecution program for selected misdemeanor/misdemeanor DUI offenders, offered by the Office of the State Attorney and supervised by Orange County Community Corrections. 

Program Eligibility:

• Misdemeanor/DUI charges only. Felony cases are supervised by the Department of Corrections.
• No prior sentence, conviction or dismissal for a similar charge, no more than one prior misdemeanor sentence for a dissimilar offense, no prior deferred prosecution/diversion programs, no prior juvenile programs, no prior felony sentences.
• Legal residence in the United States.
• Approval by the Office of the State Attorney.
• For DUIs: no prior alcohol-related driving offenses, regardless of disposition.

Program Enrollment:

• You cannot refer yourself to Pretrial Diversion. Your attorney cannot refer you directly to Pretrial Diversion.
• You must be referred to Pretrial Diversion by the Office of the State Attorney.
• Only the Office of the State Attorney can approve your case for Pretrial Diversion. If you are approved for the program, you will be signing a contract with the State Attorney to complete the conditions described on the back of this page.
• You are not on the Pretrial Diversion program until the day you sign the contract with the State Attorney.

Reference: CCD/PTD Form 35-228 (03/13)