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  1. #1
    Join Date
    Sep 2016
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    Default Will Pretrial Diversion be Continued After a Second Arrest

    A man was found with drugs on federal property, and was charged with possession. He was placed on pretrial diversion. He was subsequently arrested for another offense, but that charge was dismissed when the police agreed that it was a case of mistaken identity. The federal charge was placed back on the docket for prosecution due to the new arrest. Will the man be able to have the federal charge placed back on diversion now that the second charge has been dismissed?

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Will Pretrial Diversion be Continued After a Second Arrest

    In federal court, pretrial diversion is a program run by the U.S. Attorney, who has complete discretion as to whether a defendant is eligible. If the U.S. attorney is aware of the dismissal but has not indicated that he will offer diversion on the original case, the defendant should get help from a criminal defense lawyer.

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