The answer to your question would depend upon a variety of factors. Was the previous charge upon the completion of the pre-trial diversion program If so, then the court may not be aware of the previous charge, and thus may be more likely to enter him into a pre-trial diversion program. Of course, if the prosecutor asks whether he's ever been in trouble before, he must truthfully answer, but they may simply offer a pre-trial diversion program based on what they can see in his file. Additionally, it would depend upon the nature of both charges. If this charge is similar to previous charges on his record, then it shows that the pre-trial diversion program didn't succeed as a deterrent. The severity of the crime would also need to be taken into consideration. Essentially, the fact that he was in a pre-trial diversion program once before doesn't necessarily mean that he won't qualify for a pre-trial diversion program again. It ultimately depends upon a variety of factors that you should probably discuss with an attorney.
Answered on Oct 01st, 2012 at 1:36 PM