Pre-trial Diversion Program

General Information

The Delaware County Pre-Trial Diversion Program is a program that has been established by law for individuals who have little or no criminal history and who have been charged with committing misdemeanor or some low level non-violent felony offenses. If an individual is offered participation in the Pre-Trial Diversion Program they will be required to sign an Agreement for Withheld Prosecution that details the specific terms and conditions of their participation. If these requirements are adhered to and satisfied, the charge pending against the individual will be dismissed after the expiration of the diversion agreement.

Eligibility

The Diversion Program is a program solely for, first-time offenders who have been charged with a misdemeanor offense and wish to avoid prosecution as a result of that offense. Misdemeanors are those offenses that are punishable under Indiana law with up to one (1) year in jail and a fine up to $5,000.  

The most common offenses that result in participation in the Diversion Program are the following:

  • Public Intoxication

  • Illegal Consumption and Possession of Alcohol by a Minor

  • Conversion

  • Possession of Marijuana / Paraphernalia

Final decisions on eligibility for the Pre-Trial Diversion Program will be made by the Delaware County Prosecutor’s Office, and are determined on a case-by-case basis.

Conditions of Participation

All participants in the Pre-Trial Diversion Program will be required to adhere to and fulfill certain terms and conditions, which will be listed in the participant’s contract. While a majority of the terms and conditions for an individual’s participation in the program are standard, some participants may be required to fulfill additional obligations. The list of the standard terms and conditions of participation in the Pre-Trial Diversion Program can be found here.

Final decisions on the terms and conditions of an individual’s participation in the Pre-Trial Diversion Progam will be made by the Delaware County Prosecutor’s Office, and are determined on a case-by-case basis.

Community Service

All participants in the Pre-Trial Diversion Program will be required to complete a minimum of 10 hours of Community Service, which will be monitored by the Delaware County Community Corrections Office. Participants will be required to complete their Community Service within 30 days of entering the Pre-Trial Diversion Program.

 

Final decisions on the terms and conditions of an individual’s participation in the Pre-Trial Diversion Program will be made by the Delaware County Prosecutor’s Office, and are determined on a case-by-case basis.

 

Counseling

Individuals participating in the Pre-Trial Diversion Program may be required to take part and complete in some form of counseling. The most common form of counseling required of participants is Anger Management and Drug/Alcohol Abuse Education. 

Any offender who has been charged with an alcohol or drug-related offense will be required to participate in a drug and alcohol abuse education class provided by Delaware County Community Corrections. Completion of this class is to be within 90 days of entering the Pre-Trial Diversion Program.

Fees

To take part in the Pre-Trial Diversion Program individuals must pay the Delaware County Prosecutor’s Office a fee (see below). In addition to the fees listed below, individuals will be required to pay other associated costs throughout their participation in the Pre-Trial Diversion Program.  Some of the other fees charged to participants in this program may include, but not limited to, the following:

  • Level 5 & 6 Felony Offense - $600.00 - $1551.00 (12 months to 6 years)

  • Class A Misdemeanor Offense - $290.00 (12 months)

  • Class B Misdemeanor Offense - $170.00 (6 months)

  • Class C Misdemeanor Offense - $90.00 (60 days)

Other Costs

  • Deferred Court Costs - $164.00 or $164.50 (within 30 days)

  • Community Service - $100.00 (within 30 days)

  • Prime for Life - $125.00 (within 90 days)

Participants who have been charged with a drug-related offense will additionally be required to submit to and pay for random urine screens.

 

If an individual has paid all associated fees and costs as scheduled by the Pre-Trial Diversion Program Coordinator, and has complied with and satisfied all terms and conditions of the Pre-Trial Diversion Program Contract, the pending charge will be dismissed at the expiration of the agreement. However, failure to comply with or satisfy any of the terms and conditions set out by the Pre-Trial Diversion Program Contract may result in the offender's termination from the program and a resumption of the prosecution of the charge pending against that individual.

 

For more information about the Pre-Trial Diversion Program, of if you have questions concerning eligibility, please contact our office at 765-747-7801.