Pretrial Diversion in Mississippi: What It Is, How It Works, and What You Need to Know
If you’ve been charged with a crime, one of the most important conversations you may have with your lawyer is whether you qualify for pretrial diversion. For many people, this program offers a chance to resolve a criminal charge without a conviction, but it comes with strict requirements and isn’t available in every case.
At McCormick Lawrence, PLLC, we regularly guide clients through this process. Below is a clear, plain-language breakdown of how pretrial diversion works in Mississippi, along with answers to the most common questions we get.
What Is Pretrial Diversion?
Pretrial diversion (sometimes called “pretrial intervention”) is a program that allows certain individuals charged with a crime to avoid a conviction by completing specific conditions set by the District Attorney.
If you successfully complete the program:
- The charge is resolved without a conviction
- The case is dismissed or handled as a non-criminal disposition
- You may be eligible to expunge (erase) the record
Who Runs the Program?
In Mississippi, pretrial diversion is completely controlled by the District Attorney’s Office. That means:
- The DA decides whether to offer it
- The DA sets the conditions
- The court must approve the agreement
This is not something you can demand—you have to be accepted into the program.
Who Is NOT Eligible?
Under Mississippi law, you are not eligible for pretrial diversion if you are charged with:
- A crime of violence (as defined by state law)
- Drug trafficking
- Certain public corruption offenses (fraud or embezzlement in public office involving $10,000 or more)
General Eligibility Requirements
Even if your charge is eligible, you must still meet several criteria. In general, pretrial diversion is appropriate only when:
- You are 18 years or older
- You are represented by an attorney
- You have little or no prior criminal history
- You are unlikely to commit another offense
- You are not a threat to the community
- The case is one where justice can be better served outside the traditional court process
- You are likely to respond to rehabilitative efforts (if required)
In short: this program is designed for people the system believes made a mistake—not people it believes are likely to reoffend.
What Do You Have to Do in the Program?
If you are accepted, you will sign a written agreement with the District Attorney. That agreement will include:
- Conditions you must complete, such as:
- Paying fines and fees
- Paying restitution (if there is a victim)
- Drug/alcohol classes or treatment
- Community service
- Reporting requirements
- Legal waivers, including:
- Waiving your right to a speedy trial while in the program
- Agreeing to pause (toll) legal time limits
- Waiving extradition
👉 Importantly: You do NOT have to plead guilty to enter pretrial diversion.
How Long Does It Last?
The program length is set by the agreement but cannot exceed 3 years.
What Happens If You Successfully Complete It?
If you complete all conditions:
- The court will make a non-criminal disposition
- The charge will be dismissed or resolved without a conviction
- You can typically file for expungement, meaning the record can be erased from public view
What Happens If You Mess Up?
If you violate the terms of the agreement:
- The District Attorney can remove you from the program
- Your case goes right back into the court system
- The prosecution resumes as if diversion never happened
This is why it’s critical to take the program seriously and stay in compliance.
Frequently Asked Questions
No. Mississippi law specifically says the program cannot require a guilty plea.
No. You will usually have to complete conditions, pay money, and follow strict rules. But it is still far better than a conviction.
Will this stay on my record?
Initially, yes—but after successful completion, you can usually expunge the case.
Yes. The District Attorney has complete discretion in offering the program.
This is where having a defense lawyer matters. We can:
– Present you in the best possible light
– Highlight your lack of criminal history
– Show why you are a good candidate
– Negotiate terms that are reasonable
It depends. The law says you cannot have a significant criminal history, but that doesn’t automatically disqualify everyone with a prior charge.
Sometimes, depending on the agreement—but most programs require full completion of all conditions.
Pretrial diversion can be one of the best possible outcomes in a criminal case—but it’s not automatic, and it’s not always the right strategy.
In some cases, it makes sense to fight the charge instead of taking diversion. In others, diversion is the smartest path to protect your record and your future.
Need Help Deciding?
Every case is different. If you’ve been offered pretrial diversion—or want to know if you might qualify—talk to a lawyer before making a decision.
At McCormick & Lawrence, we help clients evaluate all options and make the best decision for their situation.
Call us today or schedule a consultation to discuss your case.