Summary of PDP
Pretrial diversion is a program created by the Indiana legislature that allows a person who makes a mistake to avoid the lifelong opprobrium of having a criminal conviction on his/her record. It might also be described as a form of "pretrial probation." Diversion is usually available to first time offenders who commit a non-violent offense. While one does not have the formalities associated with active probation like random urine screens, weekly reporting to a probation officer, 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 analogous to inactive probation. If a person successfully completes all the requirements of the program the pending criminal charge is dismissed and the person's record remains clean. If a person commits another offense within two years of the PDP agreement, he will be charged with the new offense and the original charge is reinstated.
Only those persons charged with misdemeanor criminal offenses are eligible for Pretrial Diversion. Those charged with felony criminal offenses cannot participate in diversion. Eligibility also depends upon the nature of the criminal charge and the extent of the person’s criminal background. You can find out if your specific case qualifies by contacting the Prosecutor's Office.
In order to participate in the Diversion Program you must first make a written admission to the offense. During the one year you are on the program you will be required to pay a program fee of $316.00, plus the costs associated with any additional conditions associated with your particular case. Conditions vary based upon the type of offense diverted, 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.