The Pre-Trial Diversion Program (PTD) was created pursuant to O.C.G.A. §15-18-80 as an alternative to the prosecution of offenders in the criminal justice system. The PTD shall be administered by the Solicitor General of Spalding County and shall be supervised by JAG Probation.
The PTD is designed for the benefit of the individual program participant as well as the overall criminal justice system for the State Court of Spalding County. The PTD allows participants avoid a conviction on their criminal record while also receiving rehabilitative services to address the issues which led to criminal behavior. The PTD also provides an early resolution to criminal cases which better serves the interests of victims and reduces the burden on the court system.
Participation in the program is voluntary and applicants should seek the advice of legal counsel prior to application to the PTD. Participation in the PTD will occur prior to the adjudication of the charged offense. Satisfactory completion of the PTD will result in the dismissal or nolle prosequi of the charged offense.
Applicants accepted into the PTD will participate in an individualized program for a period of between one (1) and twelve (12) months, per charge, in lieu of traditional prosecution. Depending on the nature of the charged offense, individualized programs may require participants to perform community service, undergo substance abuse assessments and complete recommended substance abuse treatment, complete family violence and/or anger management counseling, complete a defensive driving course and obtain a Georgia driver’s license.
As set forth in O.C.G.A. §15-18-80(f), participants shall be assessed an administrative fee not to exceed $1,000.00. Participants shall also be assessed a monthly supervision fee. Participants may also be required to pay restitution to the victim of the charged offense. All administrative fees, supervision fees and restitution shall be paid to JAG Probation. All administrative fees collected from participants shall be remitted to the general fund of Spalding County.
Applicants may be required to execute forms waiving their right to certain Constitutional rights, including the right to a speedy trial. Applicants may also be required to execute releases for confidential records such as juvenile court records and medical records as needed to determine the applicant’s eligibility for the PTD.
Participants in the PTD who fail to comply with all terms and provisions of their individualized program shall, upon motion by the Solicitor General or JAG Probation, be terminated from the PTD. Participants terminated from the PTD shall have their cases placed on the next trial calendar for adjudication by bench trial or jury trial.
Acceptance into the PTD will generally be based upon an assessment of the following eligibility criteria set forth in O.C.G.A. §15-18-80(d):
1. The nature of the crime or offense;
2. The prior arrest and/or conviction record of the applicant;
3. The input of the victim, if any.
In addition to the criteria set forth hereinabove, the following criteria may also be assessed in determining acceptance into the PTD:
1. The particular facts and circumstances of the charged crime or offense;
2. The applicant’s employment and/or school enrollment status;
3. The applicant’s place of residence and stability of residence; and
4. The applicant’s prior involvement in other Pre-Trial Diversion Programs.
The following criteria may disqualify an applicant from acceptance into the PTD:
1. Extensive juvenile records;
2. Extensive criminal records;
3. Prior felony convictions;
4. Prior offenses involving the use of firearms or other weapons;
5. Prior offenses involving domestic violence, child abuse, elder abuse and animal cruelty;
6. Prior arrests or convictions for the charged offense; and
7. Failure to appear for court proceedings while on bond.
Pursuant to O.C.G.A. §15-18-80(e), applicants charged with offenses for which the law provides a mandatory minimum sentence of incarceration or imprisonment that cannot be suspended, probated or deferred are not eligible for acceptance into the PTD.
While the criteria set forth hereinabove shall be used in determining the eligibility of each applicant, acceptance into the PTD shall be at the sole discretion of the Spalding County Solicitor General or Assistant Solicitor.
If you receive a subpoena to appear in court, you are required by law to attend.
The cooperation and testimony of witnesses is often the difference between a guilty and a not guilty verdict. While your testimony is extremely important to the prosecution of a case, we understand that you have obligations to your work, family or school that are just as important to you. Therefore, our goal is to be as respectful of your time as possible. We ask that you contact our office after receiving a subpoena so that you may be placed on call. You may be able to avoid waiting in the courtroom for your case to be called.
If there are special reasons why you are unable to appear in court on the date you have been subpoenaed, please contact our office. We will do our best to accommodate your specific circumstances.
Lastly, we understand that testifying in court can be a difficult experience for many people. To make your experience easier, here are a few helpful tips:
Be Prepared: Review the case in your mind a couple days before trial to refresh your memory.
Always Tell the Truth: Even the smallest fabrication can completely discredit your testimony and significantly weaken the entire case. If you can’t remember a detail, simply say you can’t remember.
Look Your Best: A witness’ appearance is an important factor when judges and juries are determining credibility. Dress neat and conservatively when you come to court. Shorts, tank tops and hats are not allowed in the courtroom.
Be Prepared to Wait: While we try to be as respectful of your time as possible, the court process can be unpredictable and you may have to wait for your turn to testify. Bring something to read to help you pass the time.
Listen Carefully: Listen carefully to the question you are asked, and then answer only what is asked. If you do not know the answer, do not guess.
Avoid Jurors: Witnesses and jurors are not allowed to communicate with each other during trial except for when the witness is testifying. Do not approach a juror, even if it is a matter wholly unrelated to the case on trial.
About Our Victim Witness Assistance Program
Too often, the criminal justice system overlooks the needs and rights of crime victims. The Spalding County Solicitor General’s Office is committed to ensuring that this doesn’t happen to victims of misdemeanor crimes in Spalding County. We believe that everyone has the right to be protected by the law and to feel safe. We aggressively prosecute criminals accused of domestic violence, theft and other cases that impact the lives of victims.
In addition to prosecuting criminal cases, the Spalding County Solicitor General’s Office also operates a state certified Victim Witness Assistance Program (VWAP). Our VWAP is committed to:
- Providing the highest quality services to crime victims.
- Ensuring that victims are informed of their rights under the Crime Victim’s Bill of Rights.
- Assisting victims to recover restitution and compensation for their injuries and expenses caused because of a crime.
- Connecting victims with resources designed to help them recover and return to their normal lives.
In most cases, successful prosecution requires the full cooperation of the victim. Our Victim Advocate sends packets to all the victims of crimes we prosecute. These packets include forms that greatly assist our office in ensuring the victim’s rights are protected and in preparing the case for prosecution. If you are the victim of a crime, we ask that you complete and return the packets to our office as soon as possible. We also ask that you keep our office informed of any changes in your address or telephone number so that we can contact you about your case.
Our Victim Advocate may be contacted as follows:
Debra Knight
P.O. Box 843
Griffin Georgia 30224
(770) 467-4358
deknight@duojiwuye.com
In 1995, the Georgia General Assembly enacted the Crime Victim’s Bill of Rights (O.C.G.A. §17-17-1) which gives victims of crimes a broad range of rights. These rights include:
- The right to reasonable, accurate and timely notice of any scheduled court proceedings or any changes to such proceedings;
- The right to reasonable, accurate and timely notice of the arrest, release or escape of the accused;
- The right not to be excluded from any scheduled court proceedings, except as provided by law;
- The right to be heard at any court proceeding involving the release, plea or sentencing of the accused;
- The right to file a written objection in any parole proceedings involving the accused;
- The right to confer with the prosecuting attorney in any criminal prosecution related to the victim;
- The right to restitution as provided by law;
- The right to proceedings free from any unreasonable delay; and
- The right to be treated fairly and with dignity by all criminal justice agencies involved in the case.
The Spalding County Solicitor General’s Office is responsible for the prosecution of misdemeanors in the State Court of Spalding County. A misdemeanor is a crime punishable by up to twelve months in jail and a fine of up to $1,000.00 ($5,000.00 for a misdemeanor of a high and aggravated nature). Common misdemeanors include crimes against persons, crimes against property and traffic offenses. Crimes against person include battery, domestic violence and stalking. Crimes against property include criminal trespass, shoplifting and theft by taking. Traffic offenses include DUI, reckless driving and speeding.
Cases falling under the jurisdiction of the Spalding County Solicitor General come to the office from the Spalding County Sherriff’s Department, Griffin Police Department and Georgia State Patrol. Cases come to the Solicitor General’s Office by way of warrants issued by the Spalding County Magistrate Court, citations issued by law enforcement officers and cases transferred by the District Attorney and Griffin Municipal Court.
The Spalding County Solicitor General’s Office is responsible for reviewing and investigating cases that are made by law enforcement, filing formal criminal charges, and representing the State of Georgia in criminal cases in the State Court of Spalding County from arraignment to trial.
Patrick M. Shepherd was born and raised in Spalding County, Georgia. Patrick graduated from Griffin High School in 2001 and received his bachelor’s degree from the University of Georgia in 2005. Patrick graduated from the Mercer University School of Law and was admitted to the State Bar of Georgia in 2009.
Patrick and his father, Timothy N. Shepherd, were partners in the law firm Shepherd Law Offices, LLC from 2010 until 2018. Patrick also served as Chief Assistant Solicitor under Griffin E. Howell, III from 2016 until 2018. Following Griffin E. Howell, III’s retirement, Patrick was elected Solicitor General in 2018 and took office as Solicitor General on January 1, 2019.
Patrick is married to Robin Shepherd and they have a daughter, Elizabeth Bell Shepherd. Patrick is active in several civic organizations including the Griffin Exchange Club and the Griffin-Spalding Historical Society. Patrick and his family attend First Baptist Church of Griffin.
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