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With pretrial diversion, on the other hand, the defendant never goes to court. Instead, the defendant, who has no criminal record, (and who has committed a minor white collar offense), and his or her criminal defense lawyer, must simply sign a pretrial diversion agreement in which the defendant generally agrees to make restitution and perhaps do some community service. As long as they abide by the agreement, they can avoid prosecution. As a federal prosecutor, I generally used pretrial diversion in minor cases involving a simple, one-time theft, e.g. by a bank teller.
Generally, maybe it is true that the states can't learn much from the feds! But don't you agree that the states should at least copy the federal government by allowing pretrial diversion as another sentencing alternative?
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