General Conditions of DiversionGenerally, all cases that are diverted will be pending for 1 year. During that term, the defendant must:
- Pay the fee (for courts costs and user's fees) due at the signing of the Agreement. This must be done by cash, money order, or cashier's check and there are no extensions or payment plans.
- Agree to obey all local, state, and federal laws. Also, agree not to be arrested or commit any criminal offense.
- Agree to complete the special conditions of the Agreement (i.e., counseling).
- Waive your right to have a trial within 1 year of the date that the case was filed.
- Agree to support his/her dependents and meet family responsibilities.
- Agree to be gainfully employed or maintain a full-time course of study.
- Agree to report to the Prosecutor's Office as directed.
- Agree to truthfully answer all reasonable inquires posed by the Hamilton County Prosecutor's Office, Diversion Coordinator, or agent.
- Agree to report any contact with law enforcement within 24 hours.
- Report any change of address or telephone number within 7 days.
- Report within seventy-two (72) hours to a designated facility for a breathalyzer, chemical test, or urine screen to determine if any alcohol or intoxicant (if restricted) or controlled substance has been ingested. Also, these tests can be done to see if the Defendant has been in the presence of any controlled substance. The Defendant agrees to pay any related fees in full.
- Acknowledge that failure to comply with the terms and requirements of this Agreement will result with the Prosecuting Attorney proceeding with this matter. Failure to comply also will result in forfeiture of any payment made to the Hamilton County Pretrial Diversion Program.
- Acknowledge that by signing the Agreement that the Defendant is admitting the truthfulness of the charges against him/her and is acknowledging that such admission may be used against him/her if there is a resumption of the prosecution of these charges by reason of termination from the Pretrial Diversion Program.
Other RequirementsIn addition, there are special requirements for specific charges. Examples include (but are not limited to):
- Alcohol and substance abuse counseling for drug and alcohol charges
- Anger management counseling for battery, intimidation, and invasion of privacy charges
- Batterers' Intervention Program for domestic battery charges
- Financial counseling for charges involving conversion or check deception
- Attitudinal Dynamics of Driving Class for driving offenses
Alcohol OffensesAny offense that is alcohol/drug-related (as determined by the Prosecutor and the Diversion Coordinator) will be under a no-alcohol restriction, regardless of age. The defendant will not be allowed to consume, possess, or transport any alcoholic beverage or liquor. The defendant will not be allowed to enter any bar or liquor store where alcoholic beverages are sold or consumed or that you must be at least 21 years of age to enter. Also, the defendant shall not transport, possess, consume, or be in the presence or any controlled substance (illegal drug) unless prescribed by a licensed physician. This restriction is in effect for the entire term of the Diversion Agreement.
Community ServiceAlso, community service is usually a requirement for all charges and must be completed at a registered not-for-profit organization or public institution. Defendants are not required to fulfill this requirement in Hamilton County.
All community service is subject to approval from the Diversion Coordinator. It is strongly recommended that you ask the Diversion Coordinator to approve the site that you wish to do community service at before you start.
Community service done for a class, already being performed (i.e., if you already volunteer at the site), or done before the diversion agreement is in effect will not count. You must be doing this community service for the Diversion Program only. In addition, relatives and friends are not allowed to be connected with the community service site.
Where to StartSome good agencies to do community service with include:
- The Salvation Army
- The Humane Society
- Police Department
- Fire Department
- United Way