South Bend, IN asked in Criminal Law and Federal Crimes for Indiana

Q: Got a ticket then put on Pretrial Diversion. Got arrested a second time but charges were dropped. Do I get PTD back?

My first offense was a drug offense and the second one was too but a different one, but the charge was dropped because I proved it wasn't me. Do I get put back on Pretrial Diversion.

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2 Lawyer Answers

A: Pretrial diversion is a program run by the prosecutor, who has complete discretion on whether you are eligible. Contact an attorney to make your case for being reinstated.

Andrew L. Bennett
PREMIUM
Answered

A: I assume by your question that you in fact were removed from the PTD and your case was redocketed. As Mr. Stanko has indicated it is entirely up to the prosecutors office. Many counties will reinstate a PTD with an additional fee. St. Joe generally does not reinstate a PTD, however, depending on the specifics of both cases an attorney can make a compelling argument on your behalf.

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