Delaware County, Indiana

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Conditions for Pre-Trial Diversion

You may be eligible for Pre-Trial Diversion if:
  • This is the first time you have been charged with a criminal offense;
  • You are charged with a Misdemeanor;
  • You ARE NOT charged with Operating While Intoxicated; and
  • You are represented by counsel if you have been charged with an A Misdemeanor offense.
Generally, all cases that are diverted will be pending for one (1) year. During that term, the Defendant must:
1.  Pay at least $60.00 of the $170.00 diversion fee at the time the agreement is signed. If you do not pay the entire diversion fee, you must make monthly payments of $10.00, and you will be terminated from the program if a payment is missed. Court Costs of $158.00 are due within thirty (30) days. Payments must be made in cash, money order or cashier check. All additional program fees must be paid to the program provider prior to the completion of the diversion period in order for the case to be dismissed. A Defendant must be represented by an attorney in order to enter into the Pre-Trial Diversion Program.
2.  Agree to obey all local, state, and federal laws. Also, agree not to be arrested or commit any criminal offense.

3.  Agree to complete the special conditions of the Agreement (ie - counseling, community service, etc.). A minimum of ten (10) hours of community service will be required of any Defendant in the Pre-Trial Diversion Program. If the underlying offense is alcohol or drug related, the Defendant will be required to complete an alcohol/drug abuse education class. 

4.  Waive your right to have a trial within one (1) year of the date that the case was filed.

5.  Agree to support his/her dependents and meet family responsibilities.

6.  Agree to be gainfully employed or maintain a full-time course of study.
7.  Agree to report to the Delaware County Proseuctor's Office as directed.

8.  Agree to truthfully answer all reasonable inquires posed by the Delaware County Prosecutor's Office, Diversion Coordinator, or other law enforcement agent.

9.  Agree to report any contact with law enforcement within twenty-four (24) hours.

10. Report any change of address or telephone number within seven (7) days.

11. Submit immediately (if in person) or report within one (1) hour to the Delaware County Probation Department or other designated facility in order to submit to a breathalyser test, chemical test, or urine screen to determine if any alcohol, intoxicant (if restricted), or controlled substance has been ingested. Also, these tests may be performed to determine if the Defendant has been in the presence of any controlled substance. The Defendant agrees to pay any related fees incurred as a result of these tests in full and allow access and entrance at their residence by the Diversion Coordinator (or other designatee) for purposes of enforcing this condition.

12. Acknowledge that failure to comply with the terms and requirements of this Agreement will result in the Prosecuting Attorney proceeding with this matter. Failure to comply also will result in forfeiture of any payment made to the Delaware County Pretrial Diversion Program.

13. Acknowledge that by signing the Agreement the Defendant is admitting the truthfulness of the charges against him/her and is acknowledging that such admission may be used against him/her if there is a resumption of the prosecution of these charges due to the Defendant being terminated from his/her participation in the Delaware County Pretrial Diversion Program.
14. If you successfully complete the Pre-Trial Diversion Program, the case will be dismissed and not reduced to a conviction. 
If you have additional questions, you may contact the informational line.