Indiana Application for Acceptance into the Pretrial Intervention Program of the Twentieth Circuit Court District
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FAQ
A Pretrial Conference is an opportunity for your attorney to discuss your case with the prosecutor. Some Pretrial Conferences will result in the case being resolved by a plea agreement or pretrial diversion.
The program allows a defendant to avoid a criminal conviction on their record by completing a specific set of requirements. Upon successful completion of the program requirements, the defendant's charges will be dismissed.
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.
If the defendant is granted pretrial release, the pretrial services officer will supervise the defendant to ensure they are not a danger to the community, the conditions of their release are met, and they attend all required court hearings.
Generally, diversion programs are for non-violent misdemeanors. If the criminal charge is for a violent or a serious crime, like a felony offense, courts tend to think that it is too much of a risk to release you to a diversion program. Many pretrial diversion programs involve counseling and treatment.
Pretrial is the time period after an individual has been arrested but before they have been convicted of a crime. During this time period, a pretrial services officer will gather information about the defendant through interviews and record checks.
What happens if I successfully complete the Pretrial Diversion program? The charges will be dismissed if you successfully complete the Pretrial Diversion program. A criminal background check will show that you were charged with the offense and that it was dismissed.
Indiana Code, Section 33-39-1-8 Upon being charged with a Misdemeanor or Level 6 Felony offense, you may be eligible to participate in a Pre-Trial Program. If you are eligible, wish to complete the program, and it is offered to you, then the charge will be dismissed.
