Prosecutor

Pre-Trial Diversion

Indiana Code, Section 33-39-1-8

Upon being charged with a misdemeanor offense, you may be eligible to participate in a Pre-Trial Program.  If you are eligible, wish to complete the program, and it is offered to you, then the charge will be dismissed.  Participation under this program is discretionary and the Prosecutor’s Office may choose not to offer the program even if you appear to qualify.  If you fail to successfully complete the program, the misdemeanor charge will be re-filed.  The Pre-Trial Diversion Program offers first-time offenders a rare opportunity to have their charges dismissed if they successfully meet program requirements.

 REQUIREMENTS FOR PRE-TRIAL DIVERSION (Effective July, 2012) 

  • No prior felony convictions or misdemeanor convictions within the last ten (10) years except as provided in paragraph 2 (next paragraph).
  • If a person has one misdemeanor conviction, that would have been eligible for diversion, then that person may request diversion of a new misdemeanor charge assuming all other requirements are met.
  • Has not participated in a Pre-Trail Diversion Program in Greene County or any other county within  the last ten (10) years.
  • No felony charges will be diverted.
  • If the charge is illegal Consumption, or Possession or Transporting Alcohol, the Defendant must give a statement as to who purchased the alcohol, where it was purchased from and where it was consumed.  If no statement is given, the Defendant will be denied entry in the program.  A 1,000-word essay on the danger of alcohol will also be required.
  • No OWI and/or Drug (including marijuana) cases are allowed on the Pre-Trial Diversion Program.
  • The Defendant is to be of good behavior and violate no laws for a period of one (1) year after signing the agreement.  If the Defendant violates a criminal law, within that year, the diverted case is re-filed against that person along with the new criminal case if the new case occurred in Greene County.
  • If restitution is owed, the Defendant will be given time to make restitution, but it must be paid in full within ninety (90) days, unless the agreement states otherwise.
  • The Defendant must also complete community service within six (6) months and/or within the time frame required by the Pre-Trial Diversion Coordinator.
  • If the Prosecutor deems necessary, the Defendant agrees to testify truthfully against any co-defendants.
  • The Defendant will agree to pay a Clerk’s Fee in the amount of $170 plus a Court Fee of $163 totaling $333 upon entering the program.
  • If the charge is Battery, the Defendant will be required to complete counseling at his/her own expense.
  • On Battery cases, the Defendant will also be required to submit a statement to the Prosecutor’s Office upon signing the agreement, stating the events that led to the battery and details as to what happened.
  • Program participants need to come into the Prosecutor’s Office to sign their agreements.  They also need to complete an interview, give any statements required and provide information to set up their required community service.
  • A Prosecutor may add any additional term deemed appropriate to foster rehabilitation or relief to a victim.

This program is discretionary and an offender may be denied an opportunity to participate in the program even if all of the above requirements appear to be met.

You must attend your initial hearing prior to entering the Pre-Trial Diversion Program.

Please contact Sarah, Greene County Prosecutor’s Office, by calling 812-384-4998 to inquire about the Pre-Trial Diversion Program.

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