Pre-Trial Diversion

The Dearborn-Ohio County Prosecutor's Office is committed to offering evidence-based programs to individuals charged with non-violent criminal offenses to help them make safe and responsible decisions. If you have been charged with a criminal offense, 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 Pretrial 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 terms of your specific diversion offer depend on the offer from the prosecuting attorney, which is based on the nature of your offense. Diversion periods have terms that vary based on the offense in general they are; C Misdemeanor – 2 Months, B Misdemeanor – 6 Months, A Misdemeanor – 12 Months, Level 6 felony – At least 12 months but no more than 30 months. 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 Prosecutors Office
• Be evaluated by therapist using evidence-based evaluation method and complete any referred substance abuse treatment follow-up
• Complete online 3^rd Millennium Classes on Substance Abuse
• Maintain employment of remain enrolled in education institution
• Maintain no contact with any victims
• Pay restitution amount (if applicable)
• Obtain a valid driver’s license

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.

The Program has fees associated with running the program that 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 for each misdemeanor offense is as follows:

• C Misdemeanor - $254
• B Misdemeanor - $334
• A Misdemeanor - $454
• Felony – Cost depends on the amount of time in the offer

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 work with the Prosecutor’s Office who will review the specific offer for your case. After the meeting in the Prosecutors office, the offer from the Prosecuting Attorney must be filed with all fees prior to your next court date. Fees may be made in person with cash or money order, or fees may be made online, over the phone or in person by using a credit card. All credit card purchases will add a 4% surcharge to the total. If you have any questions after your meeting, you may contact Kristina Martin at kmartin@dearbornohioprosecutor.com or call 812-537-8777.