Understanding Criminal Diversion

Being charged with a crime doesn’t have to result in a criminal record. Criminal diversion programs in Indiana offer a second chance to certain individuals facing criminal charges, especially first-time or low-level offenders. Rather than going through the traditional criminal court process and risking a conviction, eligible defendants may be offered a pretrial diversion agreement. This approach provides an opportunity to resolve a case outside the courtroom, often without incarceration or probation.

A diversion agreement is essentially a contract between the defendant and prosecutor. The defendant agrees to fulfill certain conditions over a designated period of time (often ranging from a few months to a full year) and, in return, the prosecutor agrees to dismiss the charges upon satisfaction of those conditions. Following the dismissal of the charge, an individual may also be able to have the record of the charge expunged. Although a diversion often comes with its own fee, it can still be a more cost-effective resolution, as it allows a defendant to avoid the expenses associated with trial or extended supervision.

Although diversions are authorized under Indiana Code § 33-39-1-8, they are not guaranteed. A diversion is offered solely at the discretion of the prosecuting attorney, and each county may have its own guidelines and procedures for determining diversion eligibility. In general, divisions are most commonly available to criminal defendants who have been charged with a misdemeanor or, in some cases, a Level 6 felony. Prosecutors will likely consider whether the defendant has any prior criminal record and whether the defendant has previously participated in a diversion program in determining eligibility.

The specific terms of a pre-trial diversion agreement will vary depending on the court and the nature of the charge. However, diversion conditions commonly include:

• Completing community service hours
• Attending mental health or addiction counseling
• Participating in anger management
• Paying restitution to victims
• Avoiding new charges
• Paying court or program fees

Failure to meet the conditions of a diversion agreement will result in “re-docketing” of the original charges. This means the case will proceed as if the diversion had never been offered, and the defendant will face the original penalties and potential criminal record.

Ultimately, Indiana’s diversion programs offer a valuable opportunity for eligible individuals to take accountability without suffering the lasting harm of a criminal conviction. A qualified attorney can help a defendant determine their eligibility for diversion, negotiate favorable conditions, and ensure that all requirements are properly completed.

If you believe you may qualify for a pretrial diversion or have questions about the diversion process, please contact McNeelyLaw LLP by calling (317) 825-5110.

Disclaimer: This McNeelyLaw LLP publication should not be construed as legal advice or legal opinion of any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own lawyer on any specific legal questions you may have concerning your situation.