Have you or someone you know or love been arrested for a crime? We have all made mistakes in our lives, and done things we regret. Some of these things are criminal, and some are not. Fortunately the State of Indiana and Indiana Counties, have formulated a Deferral or Diversion Program to deal with certain criminal charges, in certain situations. Not all charges are going to be eligible for Diversion. Not all individuals are going to be eligible for diversion. However it is important to have an Indiana Criminal Defense Attorney that knows the Diversion Program and the prosecutor’s running the diversion programs well.
What is Diversion? Diversion is a common program in many Indiana Counties and criminal courts. Diversion is a program that allows essentially a deferral of prosecution of criminal charges over a period of time (typically one (1) year), and at the conclusion of that time, the charges may be dismissed, as long as one is compliant with all of the terms of one’s placement as a part of the Diversion program. Following the dismissal of the charges, an individual may even be eligible for an expungement of the charge altogether.
Terms of a Pretrial Diversion Agreement can vary from Court to Court. Common terms involved the withholding of prosecution of the charges in a case and to dismiss said charges at the end of the agreement period. Dismissal will be contingent upon the defendant’s compliance with each and every term of the agreement. Payment of costs (including user fees, court costs, etc.) will often be a requirement of a diversion program. One will typically need to agree to obey all local, state, and federal laws. Defendant will likely need to agree he/she will not be arrested for and not commit any criminal offence during the period of the agreement. Requirements to give up rights requiring trial within one (1) year of the date the case was file, requirements to support family and meet familial responsibilities, to be gainfully employed, to report to the prosecutions office as directed, to answer all reasonable inquiries posed, community service, educational classes, etc.; submitting to chemical tests when offered by a law enforcement officer, urine screens, submission of breathalyzers, etc. are all requirements and stipulations to many pretrial diversion agreements. Failing to recognize these things can lead to a violation of the diversion agreement, and the prosecution of the original charges resuming.
Do you want to find out if you are eligible for Diversion or Deferral for your case? To discuss your Indiana Criminal Case and whether you are eligible for Diversion, please call to set up a consultation with one of our Indiana Criminal Defense Lawyers, trained to deal with your case.