What Is Pretrial Diversion in Kentucky?

Pretrial Diversion Programs in Kentucky

Pretrial diversion is one of the most valuable tools available in Kentucky criminal defense. It allows eligible defendants to avoid a criminal conviction by completing a supervised program of conditions. Upon successful completion, the charges are dismissed. Clark + Harris, PLLC helps clients throughout Lexington, Louisville, and all of Kentucky pursue pretrial diversion when it is available and appropriate.

How Pretrial Diversion Works

Pretrial diversion in Kentucky is authorized by KRS 533.250–533.262 and administered by the Commonwealth’s Attorney’s office in each jurisdiction. The program allows a defendant charged with certain offenses to enter into an agreement with the prosecutor to fulfill specific conditions over a set period (typically 6 to 24 months). If the defendant successfully completes all conditions, the charges are dismissed.

Conditions typically include paying a program fee, completing community service, attending counseling or treatment programs, abstaining from drugs and alcohol (with testing), maintaining employment, committing no new offenses, and regular check-ins with a diversion officer.

Who Is Eligible?

Eligibility for pretrial diversion varies by county and is ultimately at the discretion of the Commonwealth’s Attorney. Generally, candidates are first-time offenders or individuals with minimal criminal history charged with non-violent offenses. Common eligible charges include drug possession (KRS 218A.1415), theft (KRS 514.030), first-offense DUI (KRS 189A.010 — some jurisdictions), fraud, criminal mischief, and certain assault charges.

Individuals with significant criminal histories, those charged with violent felonies or sex offenses, and those charged with offenses against children are typically ineligible. However, eligibility determinations are made case by case, and an experienced attorney can make a persuasive case for inclusion.

Benefits of Pretrial Diversion

No Criminal Conviction: The most significant benefit is avoiding a conviction on your record. Successful completion results in dismissal of charges, not a guilty plea or conviction.

Expungement Eligibility: Dismissed charges through diversion are eligible for expungement under KRS 431.076, allowing you to clean your record completely.

Avoiding Jail: Diversion participants remain in the community, maintaining employment, family relationships, and stability.

Addressing Underlying Issues: Diversion programs often include treatment, counseling, and education that address the root causes of criminal behavior.

What Happens If You Fail Diversion?

If you violate diversion conditions, the prosecutor can revoke diversion and resume prosecution of the original charges. This underscores the importance of taking diversion conditions seriously and seeking help immediately if you are struggling with compliance.

How Clark + Harris Can Help

Not every prosecutor will offer diversion without being asked. An experienced defense attorney knows when diversion is available, how to present your case for eligibility, and how to negotiate the most favorable diversion terms. Clark + Harris advocates for diversion whenever it serves our clients’ best interests.

Call 859-474-0001. We serve Lexington, Louisville, and all of Kentucky.

Frequently Asked Questions

How soon should I contact Clark + Harris after being charged in Kentucky?

As soon as possible. Early representation protects your rights during questioning, preserves evidence, and often leads to better outcomes. Call 859-474-0001 — we respond promptly to new inquiries.

Does Clark + Harris represent clients throughout Kentucky?

Yes. We represent clients in all 120 Kentucky counties, both state District and Circuit courts, and federal courts in the Eastern and Western Districts of Kentucky.

What happens during a free consultation with Clark + Harris?

We review the specific charges and evidence, discuss available defenses, explain the likely process in the relevant court, and give you a clear roadmap of next steps — at no cost to you.

Related Resources

If this information applied to your situation, the following Clark + Harris guides may also be helpful:

What Is Pretrial Diversion in Kentucky? | Clark + Harris, PLLC