Pre-trial diversion offers an opportunity for certain people facing criminal charges to avoid prosecution and the consequences of a criminal conviction. This remedial program is intended to address behaviors that can be corrected without immediate recourse to punitive measures.
Also known as withholding of prosecution, pre-trial diversion is primarily available to first-time offenders charged with non-violent misdemeanors. It is rarely offered in cases of felony charges. Not all misdemeanor offenses are eligible for diversion. Offenses that involve intoxication and/or inflicting injury while operating a motor vehicle explicitly do not qualify.
Note that control of the diversion program is in the hands of the prosecuting attorney, not the court. Prosecutors can take a case-by-case approach, considering the specifics of the offense and the background of the accused.
When diversion is considered appropriate, an agreement is signed by the accused and the prosecuting attorney and filed in court. The agreement may include any of the following terms and conditions:
- Completing community service hours — This serves both to benefit the community and to foster a sense of responsibility and remorse in the defendant.
- Attending drug or alcohol treatment — For offenses in which substance use is a factor, treatment addresses the root cause of the criminal behavior, aiming for long-term correction rather than temporary punishment.
- Completing anger management or theft deterrent classes — These educational measures are designed to provide offenders with the tools to manage their behavior proactively, reducing the likelihood of another offense.
- Paying restitution to a victim — This ensures that the offender directly compensates any victims for their losses.
- Paying administrative program fees — Often ranging from $400 to $500, these fees cover the costs of administering the diversion program.
- Avoiding new arrests or criminal charges — The defendant must adhere to the law and avoid all illegal behavior throughout the period of time specified in the diversion agreement.
Typically, a diversion agreement lasts for a period of one year, although this duration can vary based on the county and the specifics of the case.
Upon successful completion of all terms of the diversion agreement, the charges against the defendant are dismissed, leaving the individual without a criminal record from the incident. This outcome is highly beneficial, as it preserves the individual’s ability to secure employment, housing and other opportunities that might be adversely affected by a criminal conviction.
However, if a defendant violates any terms of the diversion agreement, the consequences are severe. The state resumes criminal prosecution, and the offender will need to defend against the original charges as if the diversion had never been granted.
If you are facing criminal charges for the first time, you may be eligible for pre-trial diversion. The Law Offices of Ryan E. Lackey in Fort Wayne can help you achieve this important benefit, which can give you a clean record and a second chance. For a free consultation and cost-effective representation, please contact us online or call us at 260-222-7364.
