(a) After the completion of the preprosecution or pretrial diversionary period and the conditions imposed upon the defendant to the satisfaction of the district attorney, a defendant participating in such programs shall be entitled to a non-criminal disposition of the charges against him or her which may be done by the appropriate judge entering on a docket sheet, diverted and dismissed.
(b) Such non-criminal disposition, in the discretion of the district attorney, may be without prejudice to the State of Alabama for the reinstitution of criminal proceedings on the diverted criminal charges upon any subsequent criminal activity on the part of 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.