A. Federal pre-plea diversion
The federal government operates a Pretrial Diversion Program for certain individuals
arrested on federal charges.9 To participate in the federal program, eligible individuals must
waive their rights to a speedy trial and presentment of their cases within the statute of limitations,
and must enter into a pretrial diversion agreement. They are not required to admit their guilt or
formally plead guilty. Successful completion of program requirements will result in the
dismissal of charges.
Connecticut: Connecticut law provides a number of pretrial disposition programs that do
not require the defendant to plead guilty or to admit sufficient facts to warrant a finding of guilt,
and which will therefore not count as a “conviction” for immigration purposes. Such programs
include, but are not limited to: (a) Accelerated Pretrial Rehabilitation, for certain low-level
offenses (including some felonies under certain circumstances), Conn. Gen. Stat. § 54-56e; (b)
Pretrial Family Violence Education Program, for certain low-level family violence offenses
(including some felonies under certain circumstances), Conn. Gen. Stat. § 46b-38c(g); (c) Pretrial
School Violence Prevention Program, for certain offenses committed by students under
certain circumstances, Conn. Gen. Stat. § 54-56j; (d) Pretrial Alcohol Education System, for
certain offenses related to the operation of a motor vehicle or vessel while under the influence of
alcohol or drugs, Conn. Gen. Stat. § 54-56g; (e) Pretrial Drug Education Program, for certain
drug offenses, Conn. Gen. Stat. § 54-56i.