Who is eligible to participate in a diversion program?
Ohio law provides that a prosecuting attorney may establish pre-trial diversion programs for adults whom the prosecuting attorney believes are unlikely to offend again. These programs vary by county and are generally available for relatively minor offenses, although some programs may be available for felony accusations. Common offenses for which diversion programs are normally for non-violent offenses and are often available for such charges as passing bad checks, theft, and underage consumption of alcohol. While some diversion programs may be available for any person accused of a certain offense, only first-time offenders are eligible for program participation in other cases. Generally, participation in a diversion program instead of prosecution is unavailable to repeat or dangerous offenders, persons accused of violent offenses, and persons accused of threatening or intending serious physical harm to another person. Although these general categories of exclusions exist, it is importa
