Prior to or upon the issuance of any accusatory instrument other than an indictment charging any defendant with an offense other than an offense enumerated in Section 45-51-82.26, the district attorney, in his or her discretion, upon the request of the defendant, may withhold prosecution or presentment to the grand jury thereon. The district attorney may then establish a preprosecution or pretrial diversionary program for a specified period of time not to exceed the statute of limitations for the offense of which the defendant is charged. (Act 1978, No. 706, p. 1015, § 5.)
Alabama Legal Code