1. Diversion agreements are offered at the sole discretion of the Prosecutor. The Prosecutor will review the entire case file and investigate the facts and circumstances surrounding the offense. If the Prosecutor determines that the circumstances surrounding the crime are such that a diversion agreement would not be appropriate, you will not be eligible to participate in the Diversion Program.
2. If you are charged with Operating While Intoxicated (OWI) or Operating With an ACE of .02 or more, .08 or more, .15 or more or with an Controlled Substance in your body, you are not eligible to participate in the Diversion Program.
3. If you are charged with Possession of Marijuana as a Class A Misdemeanor, you are not eligible to participate in the Diversion Program.
4. You must provide the Prosecutor's Office with an application form.
5. You must not have a prior conviction for a criminal offense.
6. You must not have previously participated in a Diversion Program.
7. If you charged with a crime against a person (i.e. Battery, Conversion or Criminal Mischief), you will be not eligible to participate in the Diversion Program unless the victim of the crime consents to your participation in the Diversion Program.
8. You must pay all fees associated with the Diversion Program before the agreement may be filed with the Court.
9. You must agree to the specific terms of a Diversion Agreement. That agreement may include requirements that you perform community service, participate in counseling, pay restitution to your victim, that you refrain from having direct or indirect contact with your victim or any other terms that the Prosecutor deems appropriate. Participation in any recommended counseling or community service will be at your expense.
10. You must agree to abide by the terms of the Diversion Agreement for either 6 months or 1 year. The Prosecutor will determine the length of the Diversion Agreement.
11.The fee for a 6 month diversion is $334.00. The fee for a 1 year diversion is $454.00. Full Payment must be made by cash or money order to the clerk of the court.
12. Violation of the terms of the Diversion Agreement will result in your prosecution for the offense charged and forfeiture of your Diversion Program user fees.
