The Boone County Prosecutor’s Office knows that justice comes in many forms, and in certain cases our office will extend a Pretrial Diversion offer to a person accused of a crime. Pretrial Diversions allow prosecutors to hold an individual accountable without seeking a conviction. If an offender qualifies for a diversion, he or she will be required to complete certain conditions before the case is dismissed. The conditions typically include education, drug screening, and statutory fines and court costs.
These agreements are formally referred to as an “Agreement to Withhold Prosecution” because they are agreements strictly between the State of Indiana and the Defendant. Under Indiana Code 33-39-1-8, only certain offenses are eligible for a diversion and all diversions are within the discretion of the State. The factors that the assigned deputy prosecutor may consider before offering a Pretrial Diversion are the nature and severity of the offense, the Defendant’s criminal history, the impact of a Pretrial Diversion upon the community, and any mitigating or aggravating circumstances. Victims can always provide their opinions and the Boone County Prosecutor’s Office will strive to ensure the resolution is fair to everyone involved.
Certain crimes are not eligible for a Pretrial Diversion. These are: where the person holds a commercial driver’s license (CDL) and a diversion would violate 49 CFR 384.226 (“CDL Masking”); Offenses under Ind. Code § 9-30-5-1 through 9-30-5-5, which include all OWI offenses; and violations involving the operation of a motor vehicle in accordance with the federal Motor Carrier Safety Improvement Act of 1999 (MCSIA) (Public Law 106-159; 113 Stat. 1748).
If you have received a Pretrial Diversion offer from the Boone County Prosecutor’s Office, please review every term carefully, as these are legally binding agreements that include a waiver of certain constitutional rights. If you have any questions, we strongly encourage you to consult an attorney. If you cannot afford an attorney, you have the right to apply for pauper counsel and if you qualify you an attorney will be appointed to you at no cost to you.
Services & Resources
Our Office Hours
220 West Washington St.
Lebanon, IN 46052