FAQ - Intervention in Lieu of Conviction in Columbus and Central Ohio

A: Intervention In Lieu Of Conviction (also called Treatment In Lieu of Conviction), is a court-supervised program that gives certain offenders an opportunity to receive treatment instead of a conviction and sentence. A defendant may be eligible for Intervention In Lieu Of Conviction if the court is given information suggesting drug/alcohol use, mental illness, or intellectual disability was a factor leading to the criminal conduct.

A: Ohio law has criteria to determine Intervention In Lieu Of Conviction eligibility. The criteria includes the following 12 factors:

1. The defendant has not previously been convicted of a felony offense of violence;
2. The prosecuting attorney recommends that the defendant be found eligible for participation in intervention in lieu of treatment;
3. The defendant has not previously been through intervention in lieu of conviction or any similar program;
4. The defendant is charged with a misdemeanor or is charged with a felony for which the court would impose a community control sanction;
5. 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;
6. The defendant is not charged with Corrupting Another With Drugs, Possessing Chemicals For Manufacture Of Drugs, or Illegal Distribution Of Anabolic Steroids;
7. 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;
8. 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;
9. 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;
10. 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;
11. The defendant is willing to comply with all terms and conditions imposed by the court;
12. The defendant is not charged with an offense that would result in disqualification from operating a commercial motor vehicle.

A: A defendant must file a written motion for intervention in lieu of conviction, before a guilty plea or a trial. The motion must include a waiver of some rights, including speedy trial rights. After the motion is filed, the defendant must undergo an evaluation administered by a licensed professional in the area of mental illness, intellectual disability, and/or substance abuse. The professional administering the evaluation then submits a report to the court outlining the defendant’s history, eligibility, and a recommended treatment plan. The judge may deny the request without holding a hearing. Alternatively, the judge may schedule a hearing to decide whether the motion will be granted. If the judge schedules a hearing, the court proceedings are paused until the judge holds the hearing.

A: At the hearing, the judge reads the written report and listens to the input of the prosecuting attorney, the victim, the defense lawyer and the defendant. The judge then makes a determination about eligibility and decides whether Intervention In Lieu Of Conviction will be granted. If the judge does not grant Intervention In Lieu Of Conviction, the court process resumes. If the judge grants Intervention In Lieu Of Conviction, the defendant pleads guilty, but the judge does not accept the guilty plea. Rather, the judge adopts an intervention plan and orders the defendant to complete the plan under the supervision of the probation department.

A: The intervention plan takes at least one year to complete and may take up to five years. As the plan is being completed, a defendant must do the following: undergo treatment, refrain from use of drugs and alcohol, undergo periodic alcohol/drug testing, and follow all other terms ordered by the judge. If a defendant completes the intervention plan successfully, the case is dismissed with no conviction. The defendant is then eligible to apply for expungement/sealing of the case.

The Dominy Law firm in Columbus, Ohio represents clients charged with criminal offenses in Franklin County, Delaware County, and some other central Ohio counties. To learn more about the Dominy Law Firm, please see this site's ‘About Us’ page. To see what clients say about our firm’s representation, please see the ‘Client Reviews’ page. If you would like to discuss how the Dominy Law Firm can help with your case, please call (614) 717-1177 or submit a CONTACT FORM to schedule a free phone consultation.