Pre-trial Diversion Program

General Information

The Delaware County Pre-Trial Diversion Program is a program that has been established by the Delaware County Prosecutor’s Office for individuals who have little or no criminal history and who have been charged with committing a misdemeanor offense. If an individual is offered participation in the Pre-Trial Diversion Program they will be required to sign a contract that details the terms and conditions of their participation. If these requirements are adhered to and satisfied, the charge pending against the individual will be dismissed at the conclusion of the diversionary period.

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 Program will be made by the Delaware County Prosecutor’s Office, and are determined on a case-by-case basis.

Legal Representation

The Delaware County Prosecutor’s Office strongly urges all participants in the Pre-Trial Diversion Program to retain an attorney prior entering the program.

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.

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 Living Life Clean. Completion of this class is to be within 90 days of entering the Pre-Trial Diversion Program.

Fees & Contract Periods

To take part in the Pre-Trial Diversion Program, individuals must pay to the Delaware County Prosecutor’s Office a fee, which is due the day of the participant’s appointment in our office. The amount of this fee, as well as the length of the diversionary period, are dependent on the level of offense with which the individual has been charged. The fee schedule & contract periods are as follows:

A Misdemeanor – $290.00 with a 1-year contract
B Misdemeanor – $170.00 with a 6-month contract
C Misdemeanor – $90.00 with a 60-day contract
Driving While Suspended/Operating Without Ever Receiving a License – $170.00 with a 6-month contract

In addition to this fee, 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 are the following:

Deferred Court Costs – $164.00 or 164.50 for driving offenses (within 30 days)
Community Service – $50.00 (within 30 days)
Prime for Life – $100.00 (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 after a period of one year. 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 offenders 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.