Pre-Trial Diversion

You may be eligible for a Pre-Trial Diversion from the State of Indiana. The Pre-Trial Diversion Program was established to allow the Prosecuting Attorney to withhold prosecution on first time offenders or offenders with limited criminal history, in order to correct criminal behavior and prevent future criminal offenses. If you agree to the pre-trial diversion program, prosecution will be withheld until you successfully comply with the terms of the pre-trial diversion. Upon successful completion of the diversion program, the criminal charges against you will be dismissed.

The final fees, length of time, and terms of your specific diversion offer depend on the offer from the prosecuting attorney, which is based on the nature of your offense. The fees associated with running the program must be paid at the time of filing your agreement. If you paid a cash bond in your case, this money may go towards the cost of the program. The final cost of the program will depend on your specific case. In general, the starting fee each misdemeanor offense is as follows:

• C Misdemeanor                 2 months             $254
• B Misdemeanor                 6 months             $334
• A Misdemeanor                 12 months           $454
• Felony – If the alleged offense is appropriate to be considered for diversion, cost is determined by length of diversion. 

The terms of the agreement may include but are not limited to include:

• Commit no new criminal offense during the period of your Pre-Trial Diversion Agreement
• Attend Project Safe Direction Course at the Dearborn County Courthouse
• Be evaluated by therapist and complete any referred treatment follow-up
• Complete online Advent or 3^rd Millennium Classes
• Maintain no contact with any victims
• Pay restitution amount (if applicable)
• Obtain a valid driver’s license
• Complete a designated number of Community Service hours

You have the right to be represented by an attorney. If you cannot afford an attorney, one will be provided to you by the court. If you have an attorney you must work with your attorney, and they will review the specifics of your pre-trial diversion with you. If you have waived your right to an attorney, you must proceed to the Prosecutor’s Office on the first floor and meet with Kristina Martin who will review the specific offer for your case.                                   

The offer from the Prosecuting Attorney must be filed with all fees prior to your next court date. In order to file the diversion:

1. The pretrial diversion agreement must be signed by the Deputy Prosecuting Attorney, the Defendant, and the Defendant’s attorney (if applicable). 
2. The signed pretrial diversion agreement along with the total required fees must be paid in full to the clerk’s office. Fees may be paid in person with cash or money order, or fees may be paid online by using a credit card. All credit card purchases will add a 4% surcharge to the total.
3. Once the agreement is filed you MUST fulfill the terms of the diversion and complete required tasks. If you violate any of the terms of the agreement. The prosecutor’s office may revoke the diversion agreement and resume prosecution in your case.
4. If you have any questions, you may contact Kristina Martin at kmartin@dearbornohioprosecutor.com or call 812-537-8777.          

Resources:

If you have already entered into a Pre-Trial Diversion Agreement for your case, the links below may help with completing the required terms of your diversion.

3rd Millennium online classes                             https://account.3rdmil.com/enrollment

INcompass Healthcare (Formerly CMHC)        https://incompasshc.org/

Karen Whitner, Counseling Services                 812-496-0118 | office.caes@gmail.com

Safe Direction                                                          Classes are held on the 2nd Wednesday of each month from 1:00-3:00, please call or email the office to enroll.               

Community Service Tracking Form                  Community Service Tracking Form (pdf)