General Information
The Perry County Pre-Trial Diversion Program,
also know as Misdemeanor Diversion, has been established by the Prosecutor’s
Office pursuant to Indiana Statutory authority and is designed to allow
qualified offenders who comply with certain terms and conditions to earn
a reduction in their charges or a dismissal of their criminal cases. It
is intended for those persons who have little or no criminal background
and who are charged with committing various misdemeanor offenses.
If you are offered and accepted into the Diversion Program, your case will be dismissed after a period of one year (thereby avoiding a conviction) as long as the requirements and conditions of your specific agreement have been fulfilled. Offenders pay a fee and are placed on informal probation for a period of time. In addition, they are generally required to complete additional requirements such as evaluations, counseling, educational classes and/or perform community serviced while they are on informal probation.
Those who enter a pre-trial diversion program are required to sign a written agreement with the Prosecutor’s Office. If someone enters the diversion program and commits a new offense while they are on informal probation they face not only the new charge but also the charge that was being deferred can be brought back up on the Court’s calendar against them.
The fee for the Pre-Trial Diversion Program, which is set by Indiana Statute, is $315.00 for 12 months of deferral. This fee includes a user fee of $170.00 and Court Cost of $145.00
Who is eligible?
Generally speaking, the defendant must not have a previous
criminal background and must currently be charged with a misdemeanor offense.
The prosecuting attorney assigned to the case determines eligibility for
the program. Eligibility is determined on a case-by-case basis. Not all
people charged with the same crime may be eligible for the program. All
previous charges, arrests, diversions and convictions must be reported
to the prosecuting attorney. Failure to do so will result in the case being
ineligible or being immediately terminated from the diversion program.
How do I find out if I am eligible?
If you wish to see if you are
eligible for the Pretrial Diversion Program, you may contact the Prosecutor’s
Office and ask to speak to the Director of the pre-trial diversion program.
Examples of charges that are sometimes considered for the diversion program include Illegal Consumption of Alcohol, Illegal Possession of Alcohol, Criminal Mischief, Reckless Driving, Conversion and Check Deception. Other misdemeanor charges may be offered at the discretion of the prosecuting attorney handling the case.
What are the general conditions of diversion?
Generally, all cases that are diverted will be pending for one year. During that time, the defendant may be required to:
1) Pay a $315.00 fee for the diversion program. This fee includes a user fee of $170.00 and Court Cost of $145.00. Agree to pay other fees that may be noted in the agreement.
2) Agree to obey all local, state and federal laws. Also agree not to commit any criminal offense or be arrested or charged with any felony, misdemeanor or infraction while participating in the Pre-trial Diversion Program.
3) Notify the Prosecuting Attorney in writing of any change of address, telephone number or employment within seven (7) days.
4) Acknowledge that failure to comply with the terms and requirements of the Agreement will result in the Prosecuting Attorney withdrawing the Agreement and that all fees paid into the program are forfeited.