Sometimes the entry of an accused is based on the consent of prosecutors who obtain the consent of the victim of the crime Certain factors (such as prior involvement in a diversion program) cannot consider an accused for participation. In addition, prosecutors generally require a candidate to waive his right to speedy proceedings and protection after the corresponding statute of limitations. Shortly before December 11, 2015, Nelly pleaded guilty, but took a serious break because his charge of possession of methamphetamine was dropped and he claimed only one misdemeanor. But wait, it`s « better, » Nelly`s lawyer argued, and the judge accepted that because he was a first offender, he qualified as a « preliminary deviation. » So if Nelly can avoid further arrests and follow all court orders, his remaining charges will be totally dismissed and he will not have a criminal conviction in his minutes. Nelly`s case is in Tennessee, but if his case had been here in Indiana, or better yet, what if you (or a loved one) had exactly the same reproaches as Nelly here in Indiana, would you be eligible for a similar diversion program? I`m glad you asked, lean over and let me explain how such a case could take place in the great state of Indiana. There are two types of programs: those that require the accused to plead guilty first and those that do not. The first type is generally referred to as deferred adjuration, whereas the latter category is generally referred to as the diversion of preliminary proceedings. Pretrial Diversion (PDP) is a program established by the Indiana legislature that allows a person who makes a mistake to avoid a criminal conviction on his or her record. It could also be described as a form of « conditional screening. » Distraction is usually for first-time offenders who commit a non-violent crime. While PDP does not have the formalities of the active trial period, such as random urine screens, weekly coverage, etc., participants are still required to meet different conditions and pay all necessary fees for one year.
This less restrictive approach would resemble an inactive trial period. If a person successfully completes all the requirements of the program, the spent criminal complaint is dismissed and the person remains free of conviction. If a person commits another offence within two years of the PDP agreement, he or she is charged with the new offence and the original charge is reintroduced. Corey L. Scott was born and raised in East Chicago, Indiana. After graduating from East Chicago Central High School, Corey attended Indiana State University and earned a bachelor`s degree in criminology. After graduating, Corey accepted a position at the Marion County Superior Court, Juvenile Division, where he served with distinction for the next nine years and was eventually promoted to director of the youth counseling department.