Pre-conviction forensic diversion provides an opportunity for a criminal defendant to avoid conviction. To be eligible for pre-conviction forensic diversion, a person must be diagnosed with addiction or mental illness and be charged with a non-violent misdemeanor or Class D felony that is eligible for misdemeanor treatment. To qualify, a participant cannot have a conviction for a violent offense in the past ten (10) years, must be determined by the court to be appropriate for the program, and must be accepted into the pre-conviction forensic diversion program.
Once a person has been determined to be eligible, he or she must plead guilty to the charged offense, but the court will withhold judgment pending successful completion of the program. Upon successful completion of the program requirements, the court will dismiss the defendant’s charges.
Post-Conviction Forensic Diversion in Allen County, Indiana
Post-conviction forensic diversion programs also require a qualifying diagnosis. Eligibility includes defendants charged with non-violent, non-drug dealing offenses. The person must also have no conviction for a violent offense in the past ten (10) years, must be determined by the court to be appropriate for the program, and must be accepted into the pre-conviction forensic diversion program.
Once a person has been determined eligible for the post-conviction program, the court may suspend the person’s sentence on the condition that he or she successfully complete the program. If a person’s conviction is not eligible for suspension, the court may stay the execution of the non-suspendable portion of the sentence pending successful completion of the forensic diversion program. After successful completion, the court is required to waive execution of the non-suspendable portion of the sentence.
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