Diversion Programs

What are diversion programs for criminal cases in Ohio?

• Diversion programs are a way to resolve a case by completing certain things like community service, drug / alcohol / anger management counseling, or other court sponsored classes or programs.
• Most times, the completion of these programs will end with a dismissal of the charge(s) against you.
  • In some courts, a diversion program will not result in a dismissal but it will result in the charge being severely reduced.
• These programs are often offered to people who don’t have a criminal record. Many prosecutors and courts are very strict with prior criminal convictions.
• The main purpose of diversion programs is to give people a second chance if they have committed a crime. It allows a person to receive treatment for an issue that is affecting them. The hope is that the person will not end up back in the criminal system.
• Diversion programs also help clear out the court’s docket without having a trial.

What is the process of entering into a diversion program in Ohio?

• In order to enter into a diversion program, you must plead guilty to the charge. The court then holds this guilty plea open while you complete the diversion program. As long as you complete the program, the court will then withdraw your guilty plea and dismiss the case.
  • However, if you fail to complete the diversion program, the court can proceed to sentencing on your guilty plea. At this point, you cannot withdraw your guilty plea and try to have a jury trial. You are locked into that guilty plea.
  • This is the carrot and the stick situation for the court. They want you to have motivation to complete the program. If you fail, they can punish you.

What types of cases often allow diversion programs in Ohio?

• Types of cases you see with diversion programs are drug possession, domestic violence / assault, theft, and solicitation.
  • Drug possession
    • These programs often require the person to enter into some type of drug or alcohol treatment and attend AA / NA meetings.
  • Domestic violence / assault
    • These programs often require the person to attend anger management sessions.
  • Theft
    • Many courts have approved anti-theft classes that the person must complete. Community service is often a requirement as well.

What is intervention in lieu of conviction in Ohio?

• This is a type of diversion program that is often used to dismiss non-violent felony charges that stem from a drug / alcohol problem, a mental health issue, or being a victim of sex / human trafficking.
• Like regular diversion programs, a person must enter a guilty plea to enter into intervention in lieu of conviction.
• The person must acknowledge that the drug / alcohol problem, mental health issue, or being involved in human / sex trafficking was a factor in why they were charged with the particular crime.
  • If the person does this, the court will order the person get an assessment to determine if they have one of the issues listed. If the facility doing this assessment determines that there is an underlying issue, they will put together a recovery program. The facility will send this program to the court.
• The court will then set the case for a hearing. It will determine that the underlying issue was a factor leading to the criminal charge. The court will then determine if completion of the recovery program will likely prevent further crimes in the future. Lastly, it will need to determine that intervention in lieu of conviction would not demean the seriousness of the offense. If it finds that the answer to all these questions is yes, then it will approve the person for intervention in lieu of conviction.

What is the eligibility for intervention in lieu of conviction in Ohio?

• A person cannot have pleaded guilty or have a conviction to any violent felony offense.
• The offense cannot be a 1st, 2nd, or 3rd degree felony.
• The offense cannot be an offense of violence.
• The offense is not a felony sex offense.
• The offense cannot be a felony vehicular homicide or manslaughter offense
• The offense cannot be a felony vehicular assault offense
• The offense cannot be an OVI
• The offense cannot be corrupting another with drugs
• The offense cannot be illegal manufacture of drugs
• The offense cannot be illegal administration or distribution of anabolic steroids
• The offense cannot be a 1st, 2nd, 3rd, or 4th degree felony drug trafficking offense
• The offense cannot be a 1st or 2nd degree felony drug possession offense
  • NOTE: You’ll notice that this subsection allows for a 3rd degree felony drug possession charge, even though an earlier subsection says all 3rd degree felonies are ineligible. Some courts interpret this subsection differently than others. For example, some courts may allow a 3rd degree drug possession charge to enter intervention in lieu and others may reject it.
• The alleged victim in the offense cannot be 65 years of age or older, permanently and totally disabled, under 13 years of age, or a peace officer on duty.
• If the offense is tampering with drugs, the violation cannot have resulted in physical harm to any person.

How long does it take to complete intervention in lieu of conviction in Ohio?

• The program must be at least one year, but no more than five years.
• The terms of intervention in lieu of conviction are as follows:
  • Complete the treatment program
  • No use of illegal drugs or alcohol
  • Submit to random drug / alcohol screens
  • Comply with the terms of probation
• Most courts will determine that the program is complete after two years or less as long as you have complied with all these conditions.
• Once the program is complete, the court dismisses the case. At this point, the case is eligible for a record sealing..

What happens if I fail to complete intervention in lieu of conviction in Ohio?

• You will be sentenced to the original charge.
• When you enter into an intervention in lieu of conviction program, you have to enter a guilty plea to the charge. During this plea hearing, the judge will tell you what your sentence will be if you fail to complete the program.
• If you fail to complete the program, the court will set the case for a sentencing date and you will receive that sentence that was hanging over your head.