Intervention in Lieu of Conviction in Ohio
Intervention In Lieu Of Conviction, also referred to as Treatment In Lieu of Conviction, is a program which can lead to criminal charges being dismissed. This court-supervised treatment may be available to a defendant in a criminal case if a court has reason to believe a factor leading to the criminal offense was drug/alcohol use, mental illness, or intellectual disability. If you are charged with a criminal offense in Columbus or central Ohio and believe you may be a good candidate for Intervention In Lieu Of Conviction, you may want to hire an Ohio lawyer with experience applying for Intervention In Lieu Of Conviction.Lawyers for Intervention in Lieu Of Conviction in Ohio
The Dominy Law Firm has experience applying for Intervention In Lieu Of Conviction. We have been practicing criminal defense since 1997, and we have represented clients charged with all types of criminal offenses. For many of those clients, underlying the criminal conduct was a history of substance abuse, mental health issues, and/or intellectual challenges. If your drug/alcohol use, mental illness, or intellectual disability was a factor leading to your criminal offense(s), you may want to pursue Intervention In Lieu Of Conviction. Before you can pursue it, you must first know if you are eligible for Intervention In Lieu Of Conviction.Eligibility for Ohio Intervention in Lieu of Conviction
According to Ohio Revised Code section 2951.041, there are many criteria which determine eligibility for Intervention In Lieu Of Conviction. The criteria include:
- The defendant previously has not been convicted of a felony offense of violence.
- If the defendant has previously has been convicted of any felony that is not an offense of violence, the prosecuting attorney recommends that the defendant be found eligible for participation in intervention in lieu of treatment.
- The defendant previously has not been through intervention in lieu of conviction or any similar regimen.
- The defendant is charged with a misdemeanor or is charged with a felony for which the court would impose a community control sanction.
- The offense is not a felony of the first, second, or third degree, is not an offense of violence, is not Aggravated Vehicular Homicide, is not Aggravated Vehicular Assault, is not O.V.I. and is not an offense requiring mandatory incarceration.
- The defendant is not charged with Corrupting Another With Drugs, Possessing Chemicals For Manufacture Of Drugs, or Illegal Distribution Of Anabolic Steroids.
- The defendant is not charged with Trafficking In Drugs that is a felony of the first, second, third, or fourth degree, and is not charged with Possessing Drugs that is a felony of the first, second, or third degree.
- The defendant’s drug or alcohol usage, mental illness, or intellectual disability was a factor leading to the criminal offense with which the defendant is charged.
- The alleged victim was not 65 or older, permanently and totally disabled, under 13, or a peace officer engaged in the officer’s official duties
- If the defendant is charged with a violation of Tampering With Drugs, there was not resulting physical harm, and the defendant previously has not been treated for drug abuse.
- The defendant is willing to comply with all terms and conditions imposed by the court.
- The defendant is not charged with an offense that would result in disqualification from operating a commercial motor vehicle.
To apply, you must file a written motion requesting intervention in lieu of conviction. In the motion, you should explain why you are eligible and why the judge should grant the motion. The motion must be filed before a guilty plea or a trial and must include a waiver of certain rights, including the right to a speedy trial.
Following the motion, you must undergo an assessment. The assessment is conducted by a properly credentialed professional in the area of substance abuse, mental illness, and/or intellectual disability. That professional then provides a written assessment to the court which outlines your history, discusses your eligibility, and recommends an appropriate intervention plan. The judge either rejects your request without a hearing or schedules a hearing to determine whether to grant the motion. If a hearing is scheduled, the criminal proceedings are stayed until the hearing is held.The Court Hearing for Intervention in Lieu of Conviction
At the hearing, the judge decides whether to grant Intervention In Lieu Of Conviction. Before making the decision, the judge reviews the assessment and hears from the prosecuting attorney, the victim, defense counsel and the defendant. The judge then determines whether you are eligible and decides whether to grant Intervention In Lieu Of Conviction. If Intervention In Lieu Of Conviction is not granted, the criminal proceedings resume as if the request had never been made. If Intervention In Lieu Of Conviction is granted, you enter a guilty plea. However, the guilty plea is not accepted by the judge. Instead, the judge establishes an intervention plan and places you under the supervision of the probation department to complete the plan.Completing Intervention in Lieu of Conviction
Completion of the intervention plan lasts for at least one year and may last up to five years. During that time, you must: abstain from using alcohol and drugs, participate in treatment, submit to regular drug/alcohol testing, and comply with all other terms established by the judge.
If you successfully complete the intervention plan, the judge dismisses the case. You are not found guilty, and you do not have a criminal conviction for the case. You are then eligible to apply to have the case records sealed. If you violate the judge’s orders, the judge can give you another opportunity to complete the intervention plan or can accept your previous guilty plea and impose a sentence.Lawyers for Intervention in Lieu of Conviction in Columbus and Central Ohio
If you are charged with a criminal offense and you believe you are eligible for Intervention In Lieu Of Conviction, the Dominy Law Firm can help. Since 1997, we have helped many clients with Intervention In Lieu Of Conviction, and we have witnessed many success stories. To discuss how we can help with your situation, EMAIL US or call 614-717-1177 to arrange a free consultation.