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Understanding Pre-Trial Diversion in Indiana

Updated: Apr 20

Pretrial diversion programs serve as an alternative legal pathway available to individuals facing criminal charges, aiming to offer a rehabilitative approach rather than immediate punishment. Specifically in Indiana, eligibility for such programs is determined by prosecutors who assess various factors, including the severity of the offense, the criminal history of the accused, and the likelihood of re-offending.


Participation in the pretrial diversion program is primarily offered to first-time, nonviolent offenders. Therefore, individuals contemplating pretrial diversion should engage in careful deliberation and seek guidance from experienced criminal defense attorneys to navigate this legal avenue effectively.


Once the pretrial diversion is accepted by the court, the accused commits to fulfilling specific conditions over a designated period. These conditions may include tasks such as paying fines, completing community service, maintaining employment, and undergoing regular drug testing. Successful completion of these requirements typically results in the dismissal of the original charges, effectively preserving the individual's clean criminal record.


However, the repercussions of failing to complete pretrial diversion should not be understated. Should a participant fail in meeting the program's requirements, the prosecution will revert to pursuing the original criminal charges, potentially resulting in harsh penalties, including incarceration. Therefore, it is important for individuals completing the pretrial diversion program to approach it with utmost commitment and dedication to ensure its successful conclusion.


Participating in a pretrial diversion program extends numerous benefits beyond simply avoiding conventional criminal sanctions. It provides a unique opportunity for individuals to address underlying issues that may have contributed to their involvement in criminal behavior, thus facilitating personal growth and rehabilitation. The absence of a criminal conviction on record also prevents individuals from facing difficulties with future employment, housing, and other opportunities.


Individuals considering pretrial diversion should seek guidance and representation from experienced legal professionals like Brinkley Law. Contact Brinkley Law at 317-643-1813 for any questions surrounding the pretrial diversion program.

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