If you are facing a criminal charge, you are likely wondering how you can avoid a criminal record and jail time. For certain cases and situations, pre-trial diversion might be the best way to keep your criminal record clean and stay out of jail. Pre-trial diversion is a program that allows an individual who is charged with a criminal offense to enter into a form of pre-trial probation.
During this time period, they will be expected to follow specific rules and perform certain tasks as required by the judge. Prosecutors offer pre-trial diversion for select cases where they believe the defendant is not likely to reoffend or commit any further acts of violence. All pre-trial diversion agreements must be in writing.
If you have specific questions related to your case, then it is important that you speak to an experienced criminal defense attorney. Pre-trial diversion is never guaranteed for any charge. Under Indiana law, a prosecutor may consider several factors when deciding to offer pre-trial diversion to a defendant.
An experienced criminal defense attorney can properly assess your case to determine if your charge might be eligible for pre-trial diversion. They can also assist in negotiating the pre-trial diversion with the prosecutor.
Only certain cases qualify for pre-trial diversion in Indiana. In all cases, a defendant must admit responsibility for their crime to the satisfaction of the prosecutor and judge to be eligible for pre-trial diversion. Diversion is also only generally available to first-time, nonviolent offenders.
