What is a Diversion Program?

Criminal Diversion programs are meant to assist people who have been charged with criminal offense that do not pose a threat to the community. It is an alternative to prosecution (being charged, trial, sentencing, etc.) and must first be approved by prosecution and the court. We know that interacting with law enforcement can, at times, feel uneasy. Our Attorneys are experts on making sure our best interests will be kept.

Diversion programs can look different depending on the case. You may be required to do community service, get mental health counseling or drug treatment, or take classes to increase your awareness about a certain topic.

If you are approved for a program, you must enter a guilty plea and wave your speedy trial rights. If your program is completed successfully, your guilty plea will be waived, and the charge will be dismissed and normally sealed.

How Long do Criminal Diversion Programs Take in Ohio?

Depending on which program you enter and what it is for, Criminal Diversion programs can last anywhere from 3 months to 2 years. There is a specific program called “Intervention in Lieu of Conviction” which can last up to five years and is most often sought in felony cases.

Intervention in Lieu of Conviction can happen in certain cases if drugs or alcohol use is a factor as to why a person was charged. This can also be the case with mental illnesses or intellectual disabilities. Please contact an attorney first if you believe this applies to you.

What Types of Diversion Programs are There in Ohio?

There are two categories of programs, Pre-Trial Diversion, and Intervention in Lieu of Conviction.

Pre-Trial Diversion:

• Often available for first-time non-violent offenders charged with a misdemeanor
• Allows people to avoid being convicted by completing the requirements

Intervention in Lieu of Conviction:

• Specific programs having to do with, or are related to, drug or alcohol offenses
• Requirements may include completing treatment programs like AA or counseling with supervised community service
• Allows people to complete the program and have charges dismissed

There is growing concern that even legal users of marijuana can still be charged with OVIs, even when not having prior drug offenses. Brien Miller can help with this too.

Do I Have to Pay for an Ohio Diversion Program?

In short, you do have to pay a fee for Criminal Diversion programs which depends on the court and offense assigning the program. Some diversion programs may offer payment plans, sliding scales, or community resources to cover fees.

Diversion Programs can be offered to adult criminal or juvenile charges. If you are a young person charged with a first-time traffic offense in Hamilton County, you can get more information on their page here.

Need Help Navigating a Diversion Program in Ohio?

There are multiple factors to determine whether a person would qualify for a Diversion Program. In most cases, if the person is not a repeat offender, or has any charges to do with OVIs, the chance you qualify increases. An Administrative License Suspension may make it more difficult, but no impossible to qualify. If you are still not sure, consult with a Wicktora & Miller criminal defense attorney to find out what you may be eligible for.

There will always be case-by-case factors that affect whether you will qualify for a diversion program. Call today to schedule a consultation (513)318-9981. Brien Miller and his team of attorneys have experience arguing in favor of their clients participating in Diversion Programs in Ohio.