Deferred Prosecution

May 13, 2005, Governor Bob Riley signed into law what is commonly referred to as the Deferred Prosecution or Pre Trial Diversion program for the Twelfth Judicial Circuit, State of Alabama. The program is administered by and under the supervision and control of District Attorney, Gary L. McAliley.

The purpose of the program is to allow first time offenders a chance not to have a criminal conviction. Admittance into the program is at the discretion of the District Attorney. If the District Attorney determines: 1). that justice will be served if the offender is placed in the diversion program; 2). that the needs of the state and of the offender can be met through pretrial diversion program placement; 3). that the offender poses no substantial threat to the safety and well-being of the community; and, 4). that the offender is not likely to be involved in further criminal activity, District Attorney McAliley can allow the offender to be placed in the program for up to two years. Once in the program, criminal charges are immediately dismissed with the understanding that the criminal charges can be reinstated if the offender does not successfully complete the program.

The program is administered for the District Attorney by the program’s director, Mrs. Tonya Schwartz Burke (shown above with District Attorney Gary L. McAliley). Individuals admitted into the program are required to report to Mrs. Burke or to another person under her direction at least on a monthly basis where program goals are measured and in certain instances drug testing is conducted. Persons admitted into the program are required to pay any restitution owing their victims, costs of court; and the costs of periodic drug testing. In addition, those admitted are required to pay program fees in felony cases of up to $850 or in misdemeanor cases up to $550.

To be considered for admission into the Deferred Prosecution/Pre Trial Diversion program, the below linked *APPLICATION* much be filled out and filed with the program’s director, Tonya Schwartz Burke. Mrs. Burke maintains offices at the following locations: 1). Office of the District Attorney, 98 North Edwards Street, Enterprise, Alabama 36330, phone 334-347-1142; 2). Pike County District Attorney’s Office, 111 Williams Street, Troy, Alabama 36081, phone 566-6896 and Coffee County District Attorney’s office, Coffee County Courthouse, 2^nd Floor, Elba, Alabama 36323 at phone number 334-897-2085.