Pretrial Diversion Programs for Felony Offenses

What is a Pretrial Diversion Program?

A pretrial diversion program is a “diversion” from the normal prosecution process. In a diversion program, an offender has conditions and programs to fulfill within a set time. The case is typically dismissed if the individual completes their program without violations. These diversion programs are excellent options for non-violent offenders who are unlikely to offend again. However, not everyone is eligible for a pretrial diversion program, so it’s essential to consult with an experienced legal team before applying for one.

If you are facing a felony charge, a pretrial diversion program may be an option for you. Call our office today at 330-296-8000 so we can review your case and develop a legal strategy for your unique situation.

What Kinds of Pretrial Diversion Programs Are There?

In Ohio, there are multiple different types of pretrial diversion programs. You may be eligible for certain programs based on the crime committed and any criminal history.

Common pretrial diversion programs include:

Mental Health Treatment Programs

Mental health treatment programs aim to offer mental health treatment instead of incarceration. Typically, offenders must commit to visiting a therapist or group counseling sessions on a weekly or monthly basis. Offenders who fail to meet court requirements can face fines or probation.

Drug Treatment Programs

Offenders who have committed drug-related crimes may be eligible for drug treatment programs. In these programs, individuals typically complete substance abuse treatment and other court-ordered conditions, like community service.

Who is Eligible for a Pretrial Diversion Program?

Eligibility for pretrial diversion programs depends on the program itself and the county that handles your case. However, there are some common requirements that most offenders must meet to qualify.

These requirements include:

• Being a first-time offender
• Not committing a violent crime causing serious physical harm
• Not operating a commercial vehicle at the time of the offense

In most cases, individuals accused of misdemeanors are eligible for pretrial diversion programs. However, some non-violent, non-sexual felony charges are also eligible for diversion. If you are unsure whether you are eligible, contact our office today so we can review your case.

How Do You Apply for a Pretrial Diversion Program?

In Ohio, every diversion program has its own screening process. In most cases, your attorney will request that you be screened for a diversion program. After that, you may meet with a diversion officer from the prosecutor’s office, a member of the court staff, or a probation officer from the probation office. Whoever you meet with will decide whether or not you are eligible, as well as the conditions of your program.

In many cases, police officers and victims can veto the request for a diversion program. Unfortunately, there is no appeal process if you apply for diversion and are not offered it. Some courts and counties may also not have diversion programs available, so it’s essential to consult with an experienced attorney before deciding to apply.

How Do You Complete a Pretrial Diversion Program?

Like most aspects of a diversion program, the conditions for completion depend on the individual program requirements. However, there are some common conditions that many programs include.

These conditions could include things like:

• Completing an education or counseling course related to the charge
• Completing community service
• Paying restitution to the victim
• Paying court costs or a diversion fee
• Reporting regularly to a diversion or probation officer

Failure to meet any of these requirements could result in fines or jail time. Diversion programs have varying timeframes, but most last a few years. In some cases, you will enter a plea of “guilty” or “no contest” before the program; in other cases, you will never enter a plea at all. Either way, there will be no conviction on your record once you complete the program.

Can an Attorney Help Me?

Applying for a pretrial diversion program is an excellent option for offenders to avoid jail time and the traditional prosecution route. However, determining eligibility and applying for a program is much easier with a legal professional on your side. If you’re curious about pretrial diversion programs or you’d like to sign up for one, contact Weisenburger Law Offices, LLC at 330-296-8000. Our team will review your case and advise you of your legal options.