What is the Pre-trial Diversion Program (PDP)?
The Pre-trial Diversion Program (PDP) is a program offered at the discretion of the Kosciusko County Prosecutor's Office. It may be offered to defendants without significant prior criminal records who have been charged with certain offenses. The program requires a defendant to complete a specific set of requirements, and, upon successful completion, the defendant's charges will be dismissed.
What charges are eligible for PDP?
Certain misdemeanor offenses including (but not limited to) Illegal Consumption or Possession of an Alcoholic Beverage, Public Intoxication, Possession of Marijuana and Check Deception may be considered for participation in the Pre-trial Diversion Program. Felonies or charges that involve operating a motor vehicle while intoxicated are NOT eligible for PDP. Not all people charged with the same crime may be found eligible for the program. Regardless of the charges filed, eligibility for PDP is not guaranteed and is determined on a case-by-case basis.
How do I apply for PDP?
If you wish to see if you are eligible for the Pretrial Diversion Program, you may download the Pretrial Diversion Program form . All previous charges, arrests, diversions and convictions must be reported on the Pretrial Diversion Program Form. Failure to do so will result in the case being ineligible or being immediately terminated from diversion. Once you fill out the form, forward it to the Prosecutor's Office either by email at [email protected] or by fax 574.372.2470, or by mail at
Kosciusko County Prosecuting Attorneys Office
PDP Administrator
121 N. Lake St.
Warsaw, IN 46580
The Prosecutor staff reviews each report and considers, among other things, the charges involved, the circumstances surrounding the incident and the defendant's prior criminal history to determine if a case is appropriate to be offered PDP.
How do I know if I am accepted into PDP?
After submitting the Pretrial Diversion Program form, the Prosecutor staff will review your form along with other considerations. If you are not eligible for PDP, you will receive a rejection letter. Otherwise, you will receive an acceptance letter and a notification to contact the PDP administrator for further instructions.
Do I need to show up for my initial court date?
Yes. The staff from the Kosciusko County Prosecutor's Office may not speak with a defendant prior to him/her appearing in court and being advised and understanding their Constitutional Rights. A defendant may contact a defense attorney prior to appearing in court. At the initial hearing, the defendant will appear before the Judge and enters a plea of either "guilty" or "not guilty." If a defendant pleads "guilty", then a conviction will be entered on his/her record and he/she will be sentenced accordingly. If a defendant pleads "not guilty," then the case will be set for a pre-trial conference and a trial date. The defendant may receive a court appointed attorney (if one is requested) or may hire a private attorney, and the case will continue in court. Any time after the initial hearing and prior to the pre-trial conference, the defendant may apply for PDP.
How much does PDP cost/What do I have to do for PDP?
The costs and fees associated with PDP vary depending on the requirements a defendant must complete for the program. Requirements are determined based on the charges filed, circumstances of the case and the defendant's prior criminal background. Requirements differ, based on the offense charged, and may include, but are not limited to, counseling (alcohol/anger management), random drug screening, no contact order, community service, restitution or proof of a valid driver's license. The defendant is responsible for any costs associated with these requirements. These costs are not included in the Pretrial Diversion fee.
What happens if I am unsuccessful in completing the requirements of PDP?
If you fail to comply with any of the terms or requirements of the Pretrial Diversion Program, the Prosecuting Attorneys Office may reinstate the original charge with the Court. If this happens, the Diversion fee and all other program fees will be forfeited and you will need to appear at the next scheduled Court hearing to either plead guilty or indicate your desire for a trial date to be scheduled.
I don't live in Kosciusko County. Can I still do PDP?
Most often, yes. It is not uncommon for PDP defendants to need to try and complete their PDP requirements outside of Kosciusko County, Indiana. PDP staff will try to assist defendants who are eligible and willing to do PDP. It does, however, become chiefly the defendant's responsibility to work out where and how he/she will complete the requirements, and he/she must verify with PDP staff before completing requirements that everything is satisfactory.
Will PDP keep this incident totally off of my record?
PDP is designed to help a defendant keep a criminal conviction off his/her record with regard to the offense charged. If he/she successfully completes the program, the court record will show that the charge was dismissed. The benefit of PDP is that there is no criminal conviction and the defendant does not plead guilty. When asked if he/she has ever been convicted of or plead guilty to a criminal offense, a defendant may answer "no" with regard to the charge in a successfully completed PDP case. However, a record that an arrest occurred, or that the charge was filed in court, will not be expunged or erased. Police records of an arrest or citation are beyond the control of the Prosecutor's Office. If a defendant is asked if he/she has ever been charged with a criminal offense, he/she must always answer "Yes." Upon successful completion of the program, a defendant may specify that the charge was dismissed. In that case, when a background check is run the court record will show that an order of conditional dismissal was issued and the case was closed.
