(a) A person charged with a criminal offense specified in subsection (b) whose jurisdiction is in the circuit or district court of the Second Judicial Circuit of Alabama may apply to the district attorney for admittance to the pretrial diversion program.

Attorney's Note

Under the Alabama Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class A felony10 years to lifeup to $60,000
Violationup to 30 daysup to $200
For details, see Ala. Code § 13A-5-6 and Ala. Code § 13A-5-7
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Terms Used In Alabama Code 45-7-82.22

  • circuit: means judicial circuit. See Alabama Code 1-1-1
  • following: means next after. See Alabama Code 1-1-1
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
  • property: includes both real and personal property. See Alabama Code 1-1-1
(b) A person charged with any of the following offenses may apply for admission into the program:

(1) A traffic offense.
(2) A property offense.
(3) An offense wherein the victim did not receive serious physical injury.
(4) An offense in which the victim was not a child under 14 years of age, a law enforcement officer, a school official, or a correctional officer.
(5) A misdemeanor, unless specifically excluded in this section.
(6) A violation classified under this code.
(c) The following offenses are ineligible for consideration for the pretrial diversion program:

(1) Trafficking, distribution, or manufacturing of drugs.
(2) Any offense involving the abuse of a child or an elderly person.
(3) Any sex offense.
(4) Any Class A felony.
(5) Any offense involving serious injury to a person.
(6) Any offense involving death of an individual.
(7) An offense for the operation of a vehicle for which a commercial driver license was required.
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