An Alternative to Incarceration: Philadelphia’s Pre-trial Diversion Programs

Posted on April 29th, 2019

Many diversion programs are available in Philadelphia. Rather than going to trial or entering a plea, most programs allow defendants to complete courses, community service, drug/alcohol treatment, probation, and other tasks in order to fulfill their obligations to the judicial system.

Diversion programs in Philadelphia and defendants eligible to participate

• AMP I – Non-violent first-time offenders charged with a misdemeanor.
• AMP II – Defendants charged with non-violent misdemeanor offenses with a recent history of non-violent prior arrests and limited number of convictions.
• ARD – Defendants are first time offenders charged with relatively minor offenses, but require a lengthier period of supervision than the AMP program provides. (ARD is now open to some offenders charged with possession of a gun).
• DV DIVERSION – Defendants are charged with a first-time domestic violence misdemeanor.
• DRUG TREATMENT COURT – Defendants are non-violent drug or drug related offenders with no more than two previous juvenile adjudications or adult convictions.
• DUI TREATMENT COURT – Defendants are non-violent DUI offenders with no more than two previous lifetime convictions for DUI and face a mandatory 90 day or one-year sentence.
• INTERMEDIATE PUNISHMENT – (county & state) – Defendants are non-violent offenders with no convictions for crimes of violence and no recent violent arrest or gun arrests and they are dependent on drugs/alcohol.
• SUMMARY DIVERSION PROGRAM – Defendants charged with a summary citation who have not previously participated in the program.
• THE CHOICE IS YOURS – Defendants are 18-24 and are first-time felony drug offenders charged with Possession with Intent to Deliver a Controlled Substance
• VETERAN’S COURT – Defendants are former or active member of the military and charged with a non-violent misdemeanor.

Most of these programs will result in charges being dismissed, withdrawn or the charges being eligible for expungement, once the diversion program is completed.

If you are accepted to a diversionary program, you will be able to deal with your court case and have your life minimally disrupted. Your attorney can contact the DA’s office and request they review your case to see if you are eligible for any of these diversionary programs. Acceptance into a diversionary program often comes down to the DA’s review of your case and is not guaranteed. You will need strong representation to advocate for your acceptance to a diversionary program.