Understanding Pre-Trial Diversion in Indiana

What is a Pretrial Diversion?

A Pre-trial diversion is a legal program designed to offer an alternative path for individuals charged with criminal offenses. Under Indiana law, prosecutors evaluate various factors to determine if a defendant is eligible for pre-trial diversion. These factors include the nature and severity of the crime, the defendant's criminal history, cooperation, and likelihood of re-offending.

Requirements for Pre-Trial Diversion:

Not every case is eligible for pre-trial diversion. Defendants must admit responsibility for their crime to the satisfaction of the prosecutor and judge. Generally available to first-time, nonviolent offenders, pre-trial diversion excludes charges such as murder, Level 1 to 4 felonies and certain commercial driving offenses. Seeking pre-trial diversion requires careful consideration and consultation with an experienced criminal defense attorney.

What Happens When Pre-Trial Diversion Is Granted?

When a court grants pre-trial diversion, the defendant agrees to abide by specific conditions for a set period. These conditions may include paying fines, community service, employment maintenance, regular drug testing, and restitution for any damage caused. Successful completion of the diversion program results in the dismissal of original charges and the preservation of a clean criminal record.

What Happens If You Fail to Complete Pre-Trial Diversion?

Failing to complete pre-trial diversion successfully has serious consequences. The original criminal charges will be pursued, and the defendant will face potential penalties, including jail time. This underscores the importance of treating pre-trial diversion as a valuable second chance and ensuring its successful completion.

The Benefits of Participating in a Diversion Program:

Participating in a pre-trial diversion program offers several benefits. Beyond avoiding traditional criminal penalties, it provides an opportunity for individuals to address underlying issues that may have led to their offense. Successful completion allows individuals to avoid having a conviction on their criminal record, safeguarding future employment and housing prospects.

Conclusion:

If you have questions about your case or eligibility for pre-trial diversion, it's crucial to consult with an experienced criminal defense attorney. Nathan Vining and the team at Vining Legal offer personalized consultations to assess your situation and develop a tailored strategy for your case.

Sample Diversion Agreement