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Indiana – Pre-Trial Diversion Agreements

Tuesday, May 12, 2020

What is a Pre-Trial Diversion Agreement?

Diversion is a statutory creation that gives the Prosecutor the ability to create a pre-trial agreement that allows a person to have their charges dismissed upon completion of certain criteria.

These agreements generally last from 60 days to up to 2 years for some offenses. If all of the terms of the agreement are satisfied then the State dismisses the case after the term of the agreement has expired. This dismissal means that no conviction will be entered against you for that particular case. Generally, a year after the diversion is completed the client could pursue an expungement requesting the record of the charges be sealed.

If I am offered a Pre-Trial Diversion Agreement what should I expect?

Some prosecutors may require the Defendant to admit the facts of the case on the record and under oath at the outset of the agreement, some just require an admission in writing within the agreement, and some do not have that requirement in their agreement at all.

A pre-trial diversion usually requires the completion of certain items in order for a Defendant to successfully complete it.  Some of the items a Prosecutor commonly includes in a pre-trial diversion are:

  • Payment of diversion fees.
  • Completion of community work service.
  • Completion of a related educational program (drug, parenting, alcohol classes, etc.).
  • Refraining from the use of drugs or alcohol.
  • Not getting arrested for a specific period of time.
  • Drug screens.

Contact Vanderpool Law Firm to Discuss your Criminal Case:

The State of Indiana is under no obligation to offer a Pre-trial Diversion agreement. As your attorneys, we would be able to review your specific case and see if this kind of agreement would be in your best interest.

If you are offered a pretrial diversion agreement, it is important to discuss the pros and cons with your attorney and weigh all of your options. In some cases, a pretrial diversion may be an excellent way to resolve your case and in other instances, you may opt for a different resolution. We have assisted several clients in Kosciusko, Wabash and several other counties. Give us a call or use our contact us form for a consultation today!