Diversion and ILC in Ohio Felony Cases

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ohio_diversion_programMost people think that when someone is indicted in Ohio for a felony that there are only two possible resolutions: (1) The person will plead or be found guilty, or (2) the person will be acquitted of the charges. That is not entirely true. Ohio has a couple of alternatives that an attorney could pursue on behalf of a felony criminal defendant. First, the attorney could file a motion for Intervention in Lieu of Conviction (“ILC”). In short, ILC basically allows a person who committed a crime due to their addiction to drugs or alcohol to receive treatment for their substance abuse problems instead of a conviction and prison time. But, ILC is not available for all felony defendants and a given defendant must first be found to qualify for ILC. Ask your attorney whether you qualify (ILC is not available for certain crimes and certain offenders). If the Court accepts the ILC it will then prescribe a particular treatment program for the defendant and suspend the pending criminal action. If the defendant does what the Court demands as far as the treatment goes, the Court will dismiss the charges and the defendant can avoid a felony conviction altogether.

The second possibility is something called “Diversion.” Diversion is similar to ILC in that if the defendant is accepted for diversion and completes the program, then ultimately he or she avoids being convicted of a felony. The defendant is “diverted” out of the criminal court system and given a chance to accomplish certain goals set by the program. If the defendant successfully completes the diversion program, then the Court will dismiss the charges. However, like ILC, only certain charges and certain types of criminal defendants are eligible for a diversion program.

Diversion and ILC in Ohio Felony Cases, 10.0 out of 10 based on 57 ratings
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4 Responses to Diversion and ILC in Ohio Felony Cases

  1. scott says:

    I committed a felony in 1989 and remember something about being offered the diversion program.How do i know if i completed the program?I have gone to the public records website,and it shoes that i have a criminal arrest in 1989,but it will not let me access any information.Any help would be greatly appreciated.

    Thanks
    Scott

  2. lawrence arway says:

    had a felony charge removed from record in Ohio but also had an 8 year+ charge from Florida and that state refuses to review if you have had another State remove a charge. this prevents me from passing background checks.

  3. rosemarie says:

    I was convicted and placed on ilc for one year durin my probation I complied to every program the judge oredered I stayed out of trouble well I’m down to my last week of probation and I got a charge of m1 for falsification over a dog I went to jail my probation officer at first said no hold on me now she’s saying if I’m convicted of this charge my ilc will be revoked and ill get a probation violation which means I know ill have face judge again and I know I can’t be charged with the same crime again I haven’t even been to court for the m1 when I do go to court my probation period should end my questions is can she do this to me and what can be the out come of all this remind you I’m not a trouble person I complied to every thing

  4. Candis says:

    I would like to be able to be accepted into the diversion program. I live in Dayton oh and my case Is in Warren County. I would like to know if I can be in the program in Dayton oh. How would I go about doing that? I work 60 hours a week and I have a one year old son. I don’t have the time and means to continue traveling such a far distance.

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