Indiana law can be quite harsh in its treatment of people who have been convicted of drug crimes. For instance, possession of a tiny amount of methamphetamine (less than 3 grams) is treated as a Class D felony, punishable by 6 months to 3 years in prison and up to $10,000 in fines.
And, if you have been convicted of a drug crime, your criminal record can hold you back for much of the rest of your life. Long after you have paid your fines and served your time, you may find your past comes up when you seek employment or even a new place to live.
In some cases, drug crime defendants can avoid some of the worst of these problems by entering a program that sends them to drug treatment centers instead of jail.
Diversion and deferral
For the most part, Indiana treats drug abuse as a criminal matter, but in many individual cases it could be more appropriate and effective to treat it as an issue of health. Drug addiction is the driving force behind many — if not most — drug crimes, and if the authorities could help people overcome their addictions, they could reduce crime and improve public health.
That’s the idea behind Indiana’s diversion and deferral programs.
In these programs, the defendant may spend 12 months or even more in a drug treatment program. They are not necessarily in a rehabilitation facility the entire time. In fact, they may have a job or go to school during the program period. However, they must submit to regular drug screening tests and must not be charged with any new crimes during the period. They may also have to pay treatment fees and more. If they meet all the terms of the program, at the end of the period their charges are dismissed.
There can be many advantages to going through one of these programs. Three of the top advantages are:
- First and perhaps most importantly, these programs can help people break their addictions, and that is no easy task.
- Defendants can avoid prison time.
- If charges are dismissed, a defendant can begin to repair the damage to their reputation that comes with criminal charges and conviction. In some cases, they may be able to partially seal their records through the process of expungement.
Starting the process
The process of getting a defendant into one of these programs begins before trial. Generally, a defendant’s lawyer recommends them for the program. County prosecutors then decide whether a defendant might be a good candidate for a diversionary drug treatment program instead of trying to send them to jail.
Indiana counties have different guidelines for how prosecutors can do this, but generally speaking, diversion programs are open only to people who committed nonviolent offenses, have no history of other violent offenses and are not believed to be involved in drug trafficking.
Those who think they or someone they know might be a good candidate for one of these programs should speak to an experienced legal professional early in the criminal justice process.