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Does accepting Pre-trial diversion mean pleading guilty in Allen County, Indiana?

Fort Wayne, IN |

Hello! I recently got arrested for Public Intoxication. I have been given an option of a Pre-trial diversion. I have been researching a lot, and it seems like in some jurisdictions, entering a Pre-trial diversion means that you plead guilty to the charges. I want to know if that is the case in Fort Wayne, Indiana (Allen County)?

Attorney Answers 2


Having just entered a client into the program this week here in Allen County, I can tell you with certainty that the Pre-Trial Diversion program does not involve admitting guilt.
Rather, the program is based on a continuance of your case for one year during which time you must comply with the terms established by the prosecutor's office. At the end of one year, if the prosecutor's office has not made a motion to revoke your participation in the program for some reason, the prosecutor's office dismisses the case against you. You will still have an arrest record, but no conviction.
Once the charge has been dismissed, the statute of limitations should prevent that charge from being re-submitted by the prosecutor's office at a later date.
Hope this helps.

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You are right every jurisdiction is different. Many will make you admit to the truthfulness of the allegations some will make you admit to there being probable cause. A diversion is not the same as a guilty plea because if you comply with the terms, you won't end up with a conviction. You should consult an attorney to review the agreement with you.

Answers provided here are for information purposes only and not intended to replace speaking with an attorney. Your legal issues should be addressed directly with an attorney and the answer provided herein does not establish any attorney client relationship.

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