So you have been arrested and charged with a misdemeanor. Ā You are likely a little scared and confused. Ā Most of all you are concerned about have a criminal conviction on your record. Ā Before you lose too much sleep, you might just qualify for a Diversion Agreement also referred to as Pre-trial Diversion. The Indianapolis Criminal Defense Attorneys at Banks & Brower take a look at diversion in this blog and how it may help you.
What is Pre-trial Diversion?
Diversion is a statutory creation that gives the Prosecutor the ability create a pre-trial agreement that allows a person to have their charges dismissed.
Do I qualify for a Pre-trial Diversion?
The answer is, it depends. Ā The statute that created pre-trial diversion specifically excluded a few crimes. Ā Drunk driving (OWI or OVWI) is excluded from diversion programs as a matter of law. Ā (there is another statute that allows an OVWI to be deferred, but that is a different blog for another day). Ā Additionally, crimes involving driver’s with a CDL license are also excluded. Ā Otherwise, if you are charged with a misdemeanor then you may qualify. Ā If you do qualify then it is up to the discretion of the prosecutor to decide whether to offer it to you or not. Ā Factors that prosecutors generally consider are:
Ā a) nature of the crime;
b) whether or not there was a victim involved;
c) amount of financial loss or restitution owed to a victim;
d) the criminal history of the defendant;
e) the strength of the Prosecutor’s case;
f) how busy the Prosecutor’s office is handling more serious offenses
If I’m Offered a Pre-trial Diversion what should IĀ expect?
A pre-trial diversion usually requires the completion of certain items in order for a Defendant to successfully complete it. Ā Some of the items a prosecutor commonly includes in a pre-trial diversion are:
a) payment of diversion fees(if you can’t afford them the Prosecutor should still allow you to enroll in the program)
b) Ā completion of community work service
c) Ā completion of a related educational program (drug, parenting, alcohol classes, etc.)
d) refraining from the use of drugs or alcohol
e) not getting arrested for a specific period of time
f) drug screens
The List of things a Prosecutor can include in their diversion program are very broad. Ā Each county Prosecutor’s office has control over their diversion program and they all vary based on location. Ā The most common diversion requirements utilized by prosecutors are community service and requiring the attendance in some related educational class. Ā Generally speaking, larger metropolitan counties tend to be more lenient with their diversion agreements than smaller more rural counties.
I have been offered a diversion agreement now what?
Normally, if you complete all terms of the agreement and stay out of trouble, your case will be dismissed. Ā This is why diversion agreements tend to be very popular, as they allow you to avoid creating a criminal conviction on your record. Ā Most counties have a diversion coordinator that will provide you with the agreement and terms you must follow. Ā Once you pay the fee you will need to complete all other terms and avoid future arrest.
Getting offered a diversion agreement and establishing that you are entitled to one can be quite cumbersome. Ā If you have been charged with a misdemeanor, contact the Indianapolis Criminal Defense Attorneys at Banks & Brower, LLC so they can work with you to see if a diversion agreement may be appropriate under Ā your case and circumstances.
