Marshall County, Indiana

Pretrial Diversion

Summary of Pretrial Diversion

Pretrial diversion (PTD) is a program created by the Indiana legislature (Indiana Code 33-39-1-
8) that allows a person who makes a mistake to avoid having a criminal conviction on his/her
record. It might also be described as a form of "pretrial probation." Diversion is typically
available to first time offenders who commit a non-violent offense. While PTD does not have the
formalities of reporting probation like random urine screens, weekly reporting, etc., participants
are still required to complete various terms and conditions as well as pay all necessary fees
during a one-year time frame. This less restrictive approach would be similar to non-reporting
probation. If you are offered and accepted into the Diversion Program, your case will be
dismissed after a period of one-year (thereby avoiding a conviction) if the requirements and
conditions of your specific agreement have been fulfilled. If a person commits another offense
or fails to comply with all terms within the term of the PTD agreement, he/she will be charged
with the new offense and the original charge is reinstated.

Who's Eligible

Only those persons charged with misdemeanor criminal offenses and level 6 felonies are eligible
for Pretrial Diversion. Eligibility also depends upon the nature of the criminal charge and the
extent of the person's 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. Not
all people charged with the same crime may be found eligible for the program. You can find out
if your specific case qualifies when you make your first appearance in court.

General Conditions

To participate in the Diversion Program, you must first make a written admission to the offense.
You will be required to pay a program fee with the price dependent upon the level of charge at
the time of signing the agreement. Fees are as follows: a Class A Misdemeanor: $454.00; Class
B Misdemeanor: $334.00; and Class C Misdemeanor: $254.00, with a 50-cent additional charge
for driving offenses. During the program, you will also be required to pay the costs of any
additional conditions associated with your case. Conditions vary based upon the type of offense,
and many include an evaluation and follow-up treatment component for drugs, alcohol, anger
control or domestic violence. Other conditions such as community service and restitution are also
common. These charges are all separate and additional charges from the initial program fee. All
conditions will need to be completed in a time range of 2 months to 12 months, depending on the
offense.

For More Information, please contact the Pretrial Diversion Coordinator
Telephone: 574-935-8624    Email: pretrialdiversion@co.marshall.in.us