When an individual is charged with a crime in the State of Indiana, his or her case is traditionally placed in the “adversarial” court system, where the State seeks to prove guilt and the Court oversees a sentence, if the State is successful. The adversarial system often includes contested hearings, discovery of evidence, and perhaps even a trial to resolve the case.
However, these adversarial courts are not the only types of court in which an Indiana defendant may find his or her case. In fact, the judicial system in Indiana also contains “alternative” courts. These are programs designed to meet a range of specific needs faced by certain defendants, such as drug addiction, mental health disorder, and Veterans affairs.
Alternative court programs emphasize cooperative meeting times, treatment and accountability to encourage the participant to grow through their respective struggle to prevent re-offense and re-arrest for those who complete the program. These programs often result in dismissal of criminal charges or a reduced sanction for those who “graduate” the program.
Alternative court programs have developed across the state over the past three decades, now reaching a point where nearly every Indiana county boasts some form of “problem-solving” alternative. Marion and the surrounding counties in the Indianapolis area host multiple programs, as do over 60 other Indiana counties.
It is important to note that not everyone is eligible for Indiana alternative courts. Such programs are typically limited to misdemeanor offenses, however exceptions for those facing felony charges are sometimes made. One’s criminal history may also be taken into account during this consideration process. Failure to comply with the requirements of a particular program, such as refusing to submit a drug screen or no-showing to scheduled meetings, may result in the criminal case being re-instated against the defendant in the adversarial court.
Each county has a unique screening process to ultimately determine whether a candidate is eligible. Often, a dedicated prosecuting attorney for the state is in charge of alternative court screening requests for a particular county. Having an attorney to advocate on your behalf through this process can make a meaningful difference in the state’s final decision. If eligibility is established, the participant’s criminal case is transferred to the problem solving court associated with their need.
If you are charged with a crime and believe that you may qualify for an Alternative Court placement in the state of Indiana, you need an experienced attorney to help you negotiate and navigate the next phase in your case. The attorneys at Banks and Brower can help. Give us a call at (317) 870-0019 to speak to one of our attorneys today!
