What is a Diversion Program?

The concept of diversion in the criminal justice system is not new. However, over the last several decades, there has been an increased focus on the use of diversionary programs as an alternative to traditional prosecution and sentencing. Diversion allows defendants to avoid a criminal conviction altogether by completing certain requirements, such as treatment or counseling.

Common Benefits of a Diversion Program

Diversion programs can be very beneficial for both defendants and the criminal justice system as a whole. For defendants, diversion can provide an opportunity to address the underlying issues that led to their criminal behavior. This can help them avoid future involvement with the criminal justice system. Additionally, diversion can be less costly and time-consuming than traditional prosecution and sentencing. They can also save taxpayer money by avoiding the costs of prosecuting and incarcerating offenders.

Kinds of Diversion Programs

There are a number of different types of diversion programs, and each jurisdiction has its own rules and regulations regarding eligibility and program requirements. If you have been charged with a crime, it is important to speak with an experienced Indianapolis criminal defense attorney who can determine if diversion might be an option in your case.

Eligibility For Diversion

Criminal offenses eligible for diversion are typically nonviolent crimes. The offender is diverted from the criminal justice system and placed into a probationary program. If the offender successfully completes the program, the charges against them are dropped.

Offenses eligible for diversion vary from jurisdiction to jurisdiction, but they often include minor drug offenses, petty theft, and vandalism. In some cases, first-time offenders may be eligible for diversion even if they have been charged with a more serious offense.

If you have been charged with a crime, you should talk to a qualified criminal defense attorney in Indianapolis to see if you are eligible for diversion. An experienced attorney can help you navigate the criminal justice system and fight for the best possible outcome in your case.

Contact the Law Office of David E. Lewis at 317-636-7514 to schedule a meeting with an experienced Indianapolis criminal defense attorney who specializes in first time offenses. We can hold meetings over the phone or in person at our Indy-based office.

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Our judicial system, both on a state and federal level, offers relief to certain, qualifying defendants in the form of criminal diversion. Criminal diversion programs essentially redirect defendants away from the standard process of the criminal justice system, which typically involves conviction, sentencing, and possible jail time.

Continue reading to learn more about criminal diversion programs, including what they are, who may be eligible, and more.

Pretrial Diversion Lawyer Indianapolis Indiana 317-636-7514

Criminal Diversion Programs for Juveniles and Adults

When a person is arrested and charged with a crime, they will eventually face court hearings that likely involve trial, conviction, sentencing, and any subsequent court ordered penalties, such as fines and jail time. But when a person, a defendant, rather, is offered a diversion program opportunity, they will go on a separate, unique route, one that is more lenient in terms of short-term and long-term consequences.

Juvenile Diversion Programs

Both juveniles and adults may be offered diversion program admittance, but the scope of the programs will vary depending on county and district. Juvenile diversion programs are very common since they protect kids from enduring long-term consequences as a result of breaking the law. Juvenile diversion allows children and adolescent offenders who are deemed susceptible to rehabilitation to avoid the juvenile justice system altogether.

Pretrial Diversion

An adult diversion program, called pretrial diversion, may be offered to offenders who are deemed by the prosecution as having a likelihood of rehabilitation. Such programs vary in specifics from case to case, but generally re-route a defendant on a different path, separate from the standard criminal court process. Pretrial diversion programs are also referred to as pretrial interventions or agreements for deferred prosecution.

Diversion Programs are Optional

If you are offered a diversion opportunity, you are not required by law to accept it. They are 100% optional. However, most people choose a diversion program over the standard sentencing process because it keeps them out of jail and gets them off of probation quicker.

Qualifications for Diversion Programs

A judge or prosecutor may decide to offer a diversion program opportunity if they feel that the offender deserves sanctioning alternatives to revocation of professional licensing or certification, or if they believe it will decrease the chances of re-offending.

The courts may also decide to grant diversion opportunities if they feel that the case is minor enough, and therefore, does not warrant the spending of excessive prosecutive and judicial resources. In many other cases, diversion programs are used to set an example or as a form of restitution.

Are you interested in reducing or dismissing your minor criminal charges in Indiana? Contact Attorney David E. Lewis at 317-636-7514 to schedule a free initial consultation with a seasoned Indianapolis IN criminal defense lawyer you can trust. We also represent defendants charged in Indiana but who live in another state.

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Will I Be Eligible for a Diversion in Criminal Court?