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New program a plus for defendants, prosecutors

By LEE WILLIAMS
lwilliams@TheCitizenNews.com

Griffin Judicial Circuit District Attorney Scott Ballard is a realist.

He knows not every case is an open-and-shut case or a potential win for the prosecution. He also knows not every person deserves to be thrown to the wolves when they run afoul of the law.

So when he took office in January he started a Pre-trial Diversion Program headed by director Holly Yelton that is proving to be a win-win situation for both offenders and the prosecution.

“When you are prosecuting cases there are certain cases that you know the person is guilty, but you also know it could be difficult to prove it,” Ballard said. “Sometimes, you feel like the case ought to be more appropriately handled outside of court than in court, so we developed our pre-trial diversion program to handle cases like that.”

The program is loosely similar to a program offered in Fayetteville and is only offered to people charged with drug possession, forgery, shoplifting, theft, weapon possession on school property where there is no evidence of intent to harm another, misdemeanor offenses except for those that involve driving under the influence of alcohol or drugs or fleeing or attempting to elude police, credit card fraud, entering auto, check fraud, perjury or false imprisonment. Participants must pay $300 to enroll in the program.

“We wouldn’t do this on a murder case,” Ballard said. “We do it on select cases where we think it will be based appropriate.”

Ballard approaches the defense attorney on cases he deems would benefit from the pre—trial diversion program.

“If they accept, the first thing they have to do is sign a sheet of paper that admits they committed the offense that they are accused of,” Ballard said. “Then they go into the pre-trial diversion program and we send out certain requirements.”

Among the requirements, a participant could be ordered to enroll in the armed forces, attend counseling, get their GED, do community service, undergo random drug screens or simply pay restitution.

The idea behind the requirements is that offenders get a chance to attack the root cause that might have prompted the person to commit the crime in the first place, Ballard said.

“We want to attack the root of the problem before it gets any worse,” Ballard said. “Sometimes the best way to deal with a person who has committed a crime is to put them in jail, but sometimes this might be better and especially if you’re not likely to get a conviction anyway in the case, so it’s a way to allow people to earn their dismissals.”

Those who successfully complete the program could have the charge removed from their criminal record. But those who don’t complete the program will be put back on the trial calendar and tried, Ballard said.

But this time, the state will have a signed admission from the offender stating they committed the crime, and the offender will likely plead guilty, Ballard said.

Yelton indicated the program is tailor-made for offenders such as students who make mistakes, but simply deserve a second chance.

One success story involved a student who brought a weapon to school and was headed for an arrest.

“This boy was in alternative school and the detective was familiar with him because she had problems with him as a juvenile,” Yelton said. “He had turned an adult and they found a razor blade that he used at his job after school and he had brought it with him accidentally and the teacher saw it.”

Yelton indicated the detective knew she had to charge him because of the school’s zero tolerance to weapons, but was hesitant because she feared it would put him back on the path to destruction.

“She came into the office the day she filed the warrant,” Yelton said. “Not only did she come in, but the principal of the alternative school came in and vouched for him, so we put him on pre-trial diversion,” Yelton said. “It’s working out good.”

The student was ordered to attend a general ethics class, which teaches students the difference between right and wrong and the consequences of the law.

The program kept him on track, she indicated.

“He was real excited about the program and I think it works perfect for people like that,” Yelton said.