{"data":{"id":"us-al/ala.-code-45-39-82.02","jurisdiction":"us-al","citation":"Ala. Code § 45-39-82.02","heading":"Applicants for Admittance.","body":"(a) An offender charged with any of the following criminal offenses in a circuit court or district court may apply to the district attorney for admittance to the pretrial diversion program:\n(1) A drug offense, excluding trafficking in controlled substances or cannabis as provided in Section 13A-12-231, or manufacturing of controlled substances in the first degree as provided in Section 13A-12-218.\n(2) A property offense.\n(3) A misdemeanor.\n(4) A traffic or conservation offense, except that a holder of a commercial driver’s license, an operator of a commercial motor vehicle, or a commercial driver learner permit holder who is charged with a violation of a traffic law in this state shall not be eligible for a deferred prosecution program, diversion program, or any deferred imposition of judgment program pursuant Section 32-6-49.23.\n(b) An offender charged with any of the following offenses is ineligible for consideration for the pretrial diversion program:\n(1) Any Class A felony or capital offense.\n(2) Any offense involving serious physical injury to a person.\n(3) An offense involving violence in which the victim was a child under 14 years of age, a law enforcement officer, a school officer, a correctional officer, active duty military personnel of the United States military, or an individual over the age of 65.\n(4) Any offense involving death.\n(5) A person deemed by the district attorney to be a threat to the safety or well-being of the community.\n(6) Bribery of a government or public official.\n(7) Any offense wherein the offender is a public official and the charge is related to his or her capacity as a public official.\n(8) Abduction or kidnapping.\n(9) Any sex offense involving forcible compulsion or incapacity.","path":["Title 45 Local Laws.","Chapter 39 Lauderdale County.","Article 8 Courts.","Part 3 District Attorney.","Subpart 1"],"source_url":"https://alison.legislature.state.al.us/code-of-alabama?section=45-39-82.02","current_through":"Act 2026-611","vintage":"","retrieved_at":"2026-09-03T14:01:53Z","sha256":"518ed28adb9947ca7f4d32347d60bccd03f3c874705c59910cfb377faaed5eb8","source_id":"us-al","stale":false,"prev":"us-al/ala.-code-45-39-82.01","next":"us-al/ala.-code-45-39-82.03"},"notice":"GroundRules: Original legal text. Not legal advice."}