FREQUENTLY ASKED QUESTIONS (FAQs)

How much does the Misdemeanor Diversion Program cost?

The fee for non-traffic-related misdemeanors is $333, and the fee for a traffic-related misdemeanor is $333.50.  You will pay this fee at the Clerk’s Office after you are formally accepted into the program.

What misdemeanor offenses do not qualify for the Misdemeanor Diversion Program?

Below is a non-inclusive list of the misdemeanor offenses that are not eligible for the Misdemeanor Diversion Program:

  • Operating While Intoxicated Offenses under I.C. §9-30-5-1 through 9-30-5-5
  • Gun-related offenses
  • Certain traffic-related misdemeanor offenses committed by person who is under 18 years of age and who holds probationary license
  • Misdemeanor offenses involving operation of motor vehicle in accordance with federal Motor Carrier Safety Improvement Act of 1999 (MCSIA) by person who holds commercial driver's license

What are the eligibility criteria I must meet to participate in the Misdemeanor Diversion Program?

  • No felony convictions anywhere within last five years
  • No misdemeanor convictions anywhere within last year
  • Not on probation/parole and don't have pending probation/parole violation
  • Have a valid photo identification

What conditions/sanctions may be imposed other than the misdemeanor diversion fee?

The deputy prosecutor and/or program coordinator may require an offender to complete additional conditions/sanctions other than payment of the Misdemeanor Diversion Fee and good behavior.  Additional conditions/sanctions that may be imposed include but are not limited to:        

  • Community service
  • Theft Accountability Program
  • Alcohol/substance abuse assessment and follow-up
  • Batterer's Intervention Program
  • Anger Management Program
  • Psychological evaluation and follow-up
  • Psychosexual evaluation and follow-up
  • Obtain valid driver's license
  • Restitution

 

What happens if I get charged with another criminal offense while I am participating in the Misdemeanor Diversion Program?

If you are charged with another criminal offense while you are still completing a term of misdemeanor diversion, you will be terminated from the Misdemeanor Diversion Program, your case will be reinstated by the Court, and the prosecution of your case by the Elkhart County Prosecutor's Office will recommence.

Where do I go to sign up for the Misdemeanor Diversion Program?

Upon notification by the Elkhart County Prosecutor's Office that you qualify for the misdemeanor diversion program, you will have to arrange a time to meet with the Misdemeanor Diversion Program coordinator to review the required paperwork and sign the Misdemeanor Diversion Agreement.