Generally, the defendant must not have had any previous criminal background. Eligibility for the program is determined by the deputy prosecutor assigned to the case. Eligibility is also determined on a case-by-case basis. Therefore, not all people charged with the same crime may be found eligible. All previous charges, diversions, arrests, and convictions must be reported (regardless of the outcome of the case). Failure to do so will result in your case being either considered ineligible or being immediately terminated from diversion.
Applying for the Program
If you wish to seek entry into the Diversion Program, you should have your attorney contact the Prosecutor's Office at 317-776-8595. It is important to note that the deputy prosecutor assigned to the case can not speak to the defendant or to the defendant's family members. Therefore, only your defense attorney should contact their office.
On some occasions (i.e., night court), you may be offered Diversion without utilizing the services of a defense attorney. You should attend your court date and you will be notified by court personnel if you have been considered for Diversion.
Charges that are sometimes offered Diversion include:
Illegal Consumption/Possession/Transportation of Alcohol
Possession of Marijuana
Possession of Paraphernalia
Other charges may be offered Diversion at the discretion of the prosecutor.