Does Ohio have pre-trial diversion programs? Ohio does have pre-trial diversion programs, but it should be noted that these programs are not an option for every case. Eligibility may depend on the type and severity of the crime.
In addition, even if your case is eligible in Ohio, that may not mean you are assigned to a pre-trial diversion program. That is up to the prosecuting attorney’s view of whether or not you are likely to offend again. Luckily, working with a Columbus criminal defense lawyer may be able to open up this option to you.
What is a Pre-Trial Diversion Program?
Crimes are committed for nearly innumerable reasons with many different nuances and results, which means no two cases can be treated entirely the same.
So, the legal system must have avenues available to accommodate such a variety of criminal cases, some of which may not need to result in a conviction and prison sentence. One of these alternatives Ohio has is a pre-trial diversion program, which requires you to fulfill certain requirements and possibly pay for the supervision expenses of your program.
The spirit of pre-trial diversion programs is to allow people who are accused of a criminal offense but otherwise lead a lawful life to avoid trial, criminal conviction, and possible prison sentencing in favor of requirements such as court–mandated community service, drug monitoring, and testing, or other programs deemed appropriate by the prosecuting attorney and the court. If you fulfill the requirements for the pre-trial diversion program, this can result in maintaining a clean record.
Ohio does have pre-trial diversion programs for those who made a single mistake, but they leave little room for any more mistakes. When the terms of your pre-trial diversion program are set, you are required to adhere to them completely and exactly.
Any violation of the terms, or simply not choosing to enter into the program at all, can result in the trial, conviction, and sentence that the pre-trial diversion program was meant to help you avoid completely.
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Ohio Does Not Have Pre-Trial Diversion Programs for Certain Crimes
Exploring the option of a pre-trial diversion program may open that path for your case, but if your crime is severe enough or the kind that does not qualify, then it may not be an option for you.
Section 2935.36 | Pre-trial diversion programs of Ohio law outlines which kinds of crimes usually do not qualify for consideration of a pre-trial diversion program. Make sure you know what exactly the charges against you are so that you know if your charges might disqualify you in Ohio.
- Vehicular homicide/manslaughter
- OVI/DUI
- Non-consensual sex with a minor otherwise
- Selling or forcing prostitution
- Unlawful conduct with a minor or with materials harmful to minors
- Breaking into a safe
- Performing an unlawful abortion
- Bribery
- Perjury
- Obstruction of justice, including tampering with evidence
- Participating in the sale of illegal weapons
- Kidnapping or abduction
- Interference with custody
While these are many of the crimes that would usually not lead to a pre-trial diversion program, repeat offenders or dangerous offenders are also specifically disqualified.
Important to note is that with all of these types of crimes, it is still up to the prosecuting attorney’s discretion whether or not to allow you to pursue a pre-trial diversion program. This is why it will be useful to know what crimes in Ohio carry prison terms to gauge how a prosecutor will view your case.
How to Know If You May Be Able to Enter Into a Pre-Trial Diversion Program
Being honest and detailed with your attorney will help us advise you about the nature of your accusations and whether or not you qualify for a pre-trial diversion program.
Ohio law lays out specific criteria for how a prosecuting attorney will assess your case to determine if they will recommend you for the program. Your criminal defense lawyer can help guide you through these criteria to see if they fit your case.
- You did not harm or intend to harm anyone
- The circumstances that led to the act are very unlikely to happen again
- A clean record and generally law-abiding life otherwise
- Substantial reasons to excuse or justify the act
- Certain misdemeanors, fifth-degree felony, or possession of a controlled substance
Koffel | Brininger | Nesbitt can help determine how your case may fit with any of these so that we can argue on your behalf in court.
The prosecuting attorney will have to be convinced that you are unlikely to offend again and that the nature of the accusations clearly aligns with these criteria.
Even if all of these criteria fit your case, it is ultimately up to the prosecuting attorney to make the recommendation for a pre-trial diversion program in Ohio.
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What Happens When Participating in an Ohio Pre-Trial Diversion Program
While getting the opportunity to enter into a pre-trial diversion program may feel like a relief in comparison to a prison sentence, it still comes with strict requirements that you must fulfill. Failing to complete the requirements of the program can land you right back where you started in the legal process, possibly with very different results.
Successful completion of the program, however, is the optimal result that can keep your otherwise clean record as it was before the entire situation began.
When entering into a pre-trial diversion program, you will waive some rights, such as the right to a speedy trial in the case. You will also have to pay reasonable fees for the supervision of your program since the prosecutor will likely have to assign authorities to monitor your progress.
If they so choose to, the victim(s) of the crime or the arresting officers may object to you being placed in the program, meaning we may have to argue further for you to participate.
Completing the program may take a while and require substantial effort on your part that you are not used to. During this period, it will be vital to remember that upon successful completion of the program, the prosecuting attorney is required to recommend to the court that the charges against you be dismissed, which the court is required to follow up with by doing just that. All along the way, the prosecution will look for any violations of the terms of your program or failures to participate.
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Connect with a Columbus Criminal Defense Lawyer from Koffel | Brininger | Nesbitt
If you have been accused of a crime and feel you may benefit from an Ohio pre-trial diversion program, please contact us today. We can discuss the details of your case in a confidential consultation and help you take the best action to protect your rights.
At Koffel | Brininger | Nesbitt, we have a long history of successfully defending individuals. To learn more, please review our case results and client testimonials.
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