Legal Question in Criminal Law in Georgia
Use of diversion
A friend of mine was arrested in a sting by the FBI for crossing state lines with intent to have sex with a child. There are some mitigating circumstances involving serious previously undiagnosed bipolar illness which his doctor believes diminished his judgment and directly contributed to his actions. He has never been in any type of legal trouble before and his actions were totally out of character. His court appointed federal defender has said that she knows of no diversion program that is available at the federal level. Is this accurate? If diversion at this level is not an option, do you have any suggestions?
1 Answer from Attorneys
Re: Use of diversion
If the federal public defender is unaware of such a program, then I seriously doubt one exists in that federal district. Despite the reputation they may have in some circles, federal public defenders are generally on their game. The fact that he is manic-depressive could be offered in mitigation at sentencing. At the federal level the sentencing phase is typically where all the action is anyway. [Experience being drawn from federal drug prosecutions and the two federal prosecutions for sex crimes I have been involved with dealt with child porn. Needless to say, the US Attorney or the federal district judge wasnt looking to cut those men any breaks and they were being tried in federal court for the specific reason of the harsher sentences available.] If you are unsatisfied with his representation then private counsel could always be retained. Another option, if it is available to your friend, is to have his prosecution sent to state court. Sentencing is almost always more attractive in state court and there is the possibility of probation, which doesnt exist at the federal level.
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