Any defendant voluntarily participating in such a program shall have the right to:
(1) Insist on criminal prosecution at any time the prosecution for the offense for which he or she is charged is pending, and to have a circuit court judge determine whether any pressure or coercion was applied to the defendant to accept non-criminal disposition.
(2) Counsel of his or her choosing or, if indigent, court appointed counsel during all phases of the diversionary or preprosecution probationary proceedings unless the right to counsel is knowingly and voluntarily waived by the accused.
Structure Code of Alabama
Chapter 51 - Montgomery County.
Division 2 - Pretrial Diversion Program.
Section 45-51-82.20 - Definitions.
Section 45-51-82.21 - Discretionary Powers of District Attorney.
Section 45-51-82.22 - Factors Considered.
Section 45-51-82.23 - Appointment of Committee or Advisory Council.
Section 45-51-82.24 - Establishment of Preprosecution or Pretrial Diversionary Program.
Section 45-51-82.25 - Conditions of Behavior and Conduct.
Section 45-51-82.26 - Persons Charged With Certain Criminal Conduct Ineligible for Program.
Section 45-51-82.27 - Decision to Screen or Divert Cases; Approval After Indictment.
Section 45-51-82.28 - Rights of Participating Defendants.
Section 45-51-82.29 - Rights of District Attorney.
Section 45-51-82.31 - Petition to Expunge or Purge Records.