If you are facing a drug-related charge in Indiana, you may have alternatives to traditional prosecution: pretrial diversion and drug court.
Both programs can potentially help you avoid harsher penalties and work toward a better outcome, but which one is right for you? Understanding how they differ from each other and how you may qualify can drastically affect your future.
Pretrial diversion programs
In Indiana, pretrial diversion programs allow individuals with minor possession charges to avoid the usual court process. In a diversion program, the goal is education and rehabilitation instead of a conviction.
Successfully completing the diversion program can lead to the dismissal of your case. Moreover, you can avoid having a criminal record, which can help with future employment, education and other opportunities.
Drug courts
People with substance use problems who are charged with non-violent crimes and are likely to re-offend can attend a drug court program. As participants, they take regular drug tests, attend treatment and check in with a judge. They also receive substance abuse treatment to help address their addiction.
While there are pretrial drug court models for deferred prosecution, some people opt to enter drug court after pleading guilty. By doing so, their sentence may be delayed or paused while they complete the program. While you may not be able to clear your record, drug courts can help get your charges reduced and avoid jail time.
Which one is better for you?
Your eligibility for these programs largely depends on your criminal history. If you are a first-time offender and have a clean record, you are a prime candidate for a pretrial diversion program.
A drug court program may be a better fit if you already have a formal conviction but want to seek treatment. Seeking legal guidance can also help you review your options for getting your life back on track.
Your future is still yours
Facing a drug-related charge does not have to dictate how the rest of your life will go. Whether you choose a pretrial diversion program or a drug court, you opt for the path that best protects your freedom and your ability to move forward.