§ 45-51-82.22 — Factors Considered

Alabama § 45-51-82.22

• Jurisdiction: Alabama
• Title 45: Local Laws
• Ch. 51: Montgomery County
• Art. 8: Courts
• Part 3: District Attorney
• Subpart 2: Pretrial Diversion Program

Text

The district attorney may utilize such discretion to screen or divert such cases out of the criminal justice system when he or she feels that the advantages of such diversion, or preprosecution probation, would outweigh the advantages of prosecution. Among the factors which may be considered by the district attorney are:
(1) Undue hardship caused to the accused or the victim.
(2) Excessive costs of prosecution in relation to the offense.
(3) Possible deterrent value of prosecution.
(4) Aid to other prosecution goals through nonprosecution.
(5) The expressed wish of the victim not to prosecute or to prosecute.
(6) Age of the case and of the defendant.
(7) The seriousness of the crime and the effect upon the public sense of security and justice if the offender were to be treated without criminal conviction.
(8) Whether the offender or the victim has medical, psychiatric, family, or vocational difficulties.
(9) Whether there is a reason to believe that the offender or the victim will benefit from and cooperate with a diversionary program.
(10) What the impact of criminal charges would be upon the victim, witnesses, the offender, and their families.
(11) The economic advantages of restitution of loss to the victim.

Legislative History

(Act 1978, No. 706, p. 1015, § 3.)