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November 28, 2014

Auburn's Mincy accepted into pretrial diversion program

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Posted: Friday, July 25, 2014 6:15 pm

AUBURN — Jonathon Mincy has been accepted into a pretrial diversion program stemming from his arrest on second-degree marijuana possession charges in Henry County last month.

According to court documents, Mincy filed for entry into the pretrial diversion program on Thursday and the request was granted Friday. By doing so, Mincy waived "his right to a jury trial and a speedy trial." Mincy agreed to pay the associated fines — $1,156 — to the Henry County judicial system to enter the pretrial program.

When reached for comment Friday afternoon, Mincy’s attorney, Matthew Clement Lamere of Dothan confirmed that Auburn’s senior defensive back had been accepted into the pretrial diversion program. Lamere declined to make any comments on the record specifically regarding the case.

However, he said gaining admission into Henry County’s diversion program functions much the same as it would in another jurisdiction.

“It’s the same for anybody that’s a first-time offender,” he said. “As long as the district attorney’s office approves, you’re pretty much going to get (into the pretrial diversion program). Most jurisdictions have it and it works similarly everywhere.”

The same goes for what the pretrial program entails.

“You pay the fee, you do community service and you do whatever classes they want you to do,” Lamere said. “Once you’ve completed it and stay out of trouble for a period time, then they dismiss the charge.”

In most cases, Lamere said, as long as someone has no legal issues for 12 months, the charge will be dismissed and expunged from a person’s permanent record. Sometimes, Lamere said, the charges will be dismissed even sooner — as quickly as six months later — if a person has done everything required and the court deems the person has demonstrated good behavior.

Mincy was arrested June 27 and charged with second-degree possession of marijuana after a car he was riding in was pulled over for speeding on U.S. 431.

After initiating the stop, the deputy walked up to the vehicle and smelled marijuana. Upon looking in the backseat, the officer noticed "a bag of marijuana" near Mincy, according to the sheriff's office. The rising senior was then arrested and jailed.

Auburn coach Gus Malzahn has yet to announce a punishment for Mincy, expected to be one of the Tigers’ starting cornerbacks this fall.

“He's a senior. We have high expectations for him," Malzahn said during a meeting with beat reporters at SEC media days. "He made a mistake, and he will suffer the consequences for his actions."

Last season, the Atlanta native started all 14 games for the Tigers, making 56 tackles and 14 pass breakups for the 12-2 SEC champions. After spending last year at field corner, Mincy shifted to boundary corner this spring.

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