A Pre-Trial Diversion Program is offered through the Noble County Prosecutor's Office. The Program is designed to help defendants before they develop long-term, destructive behavior. The Program seeks to give offenders a second chance, while recognizing their obligations to their victims, their communities, and themselves.

Pre-trial Diversion is a voluntary program for offenders charged with misdemeanors or certain low-level felony criminal violations. When a defendant successfully completes the Program, a recommendation is made to the Court to dismiss the charges. To participate in the Program, a defendant must be approved by the Noble County Prosecutor, pay the required fees, and agree to abide by the terms of their Pre-Trial Diversion Agreement.

Defendants who complete the Program receive multiple benefits. They avoid getting a conviction on their record. They also see positive results from helping others and changing their lives through education, training, treatment, or counseling. The court system saves costs by reducing the number of active court cases, which also frees prosecutorial and judicial resources for concentration on major cases. Victims are paid restitution, and the community benefits from the volunteer work participants may be required to perform.

Eligibility is at the complete discretion of the Noble County Prosecutor. Charges that are sometimes considered for the Pre-Trial Diversion Program include Illegal Consumption or Possession of Alcohol, Possession of Marijuana, Possession of Paraphernalia, Public Intoxication, Disorderly Conduct, Trespassing, Battery, Driving While Suspended, Reckless Driving, Criminal Conversion or Theft, Check Deception, and Compulsory School Attendance violations. By Office policy and by law, charges for Operating While Intoxicated are not eligible for diversion. Other charges may be offered diversion on a case-by-case basis at the discretion of the Prosecutor. Not all people charged with the same crime may be found eligible for the Program. All previous charges, arrests, diversions and convictions must be reported to the Deputy Prosecutor assigned to the case. Failure to do so will result in the case being ineligible or being immediately terminated from the Program.

Participation in the Pre-Trial Diversion Program is voluntary. If you wish to be considered:

  1. You must have had your Initial Hearing in Court where you were advised of the charge or charges against you, and of your Constitutional rights. You should talk with your attorney or Public Defender about applying for a diversion. If you decide to be considered, complete and have your attorney submit an application to the Noble County Prosecutor’s Office. The form may be obtained from your attorney, or by downloading it here.
  2. If you decide to represent yourself, you may submit an application to the Prosecutor’s Office for review. Please be advised that the Prosecutor’s Office may not give you legal advice, and it is generally advisable to consult with an attorney.
  3. We will review your application and notify you or your attorney if you have been accepted or not. If accepted, you or your attorney will receive instructions on how to pay for and enter the Program, and what special terms or conditions may be required. If you are denied or decide not to participate, then your case will continue on through the normal court process.

Please note that the cost of the Program is usually $333.00 ($333.50 for driving-related offenses), which must be paid before your Agreement can be filed with the Court. Also, please be advised that your Agreement will likely contain special terms and conditions. Be sure that you understand your commitment and obligations under the Agreement before you agree to its terms.

Generally, all cases that are diverted will be pending for one year. During that time, you may be

required to:

  1. Agree to obey all local, state, and federal laws. Also, agree not to be arrested or commit any criminal offense.
  2. Agree to complete any special terms or conditions of the Agreement, which can include community service, restitution, drug testing, substance abuse evaluation and/or counseling or treatment, anger management or similar counseling, defensive driving course, no trespassing or no contact orders, and/or other special requirements.
  3. Agree to sign any Releases of Information allowing counseling or treatment records to be released to the Noble County Prosecutor’s Office and/or the Noble County Probation Department to monitor and verify compliance with special terms.
  4. Pay additional fees, which may include any remaining Courts costs (i.e. Sheriff’s service fee) and/or any costs associated with special terms of the Agreement (i.e. community service monitoring fee, substance abuse assessment fees, counselling fees, etc.).
  5. Waive your right to have a trial within one year of the date that the Agreement is filed.
  6. Agree to support your dependents and meet family responsibilities.
  7. Agree to truthfully answer all reasonable inquiries posted by the Noble County Probation Department, or any other supervisor or provider of services, as part of monitoring for compliance with any special terms or conditions of the Agreement.
  8. Report any change of address or telephone number, in writing, within 7 days.
  9. Acknowledge that failure to comply with the terms and requirements of the Agreement will result in the Prosecuting Attorney proceeding with the prosecution of your case. Failure to comply will also result in forfeiture of any payments made to the Noble County Pre-Trial Diversion Program and to the Clerk of Noble County.

The effective date of your Agreement will be the date that the Clerk of Noble County receives the payment and signed Agreement.  If you comply with the terms of the Agreement, the State of Indiana will dismiss the charge or charges against you, and you will not have a conviction for the offense on your record. If you fail to comply with any of the terms of the Agreement, it may result in the resumption of prosecution of your case. If this happens, the Deferral fees will be forfeited.