Can A Person Receive Treatment In Lieu Of Conviction?

In Columbus, when can a person receive treatment through Ohio’s intervention in lieu of conviction statute?

Ohio’s intervention in lieu of conviction statute (R.C. 2951.041) allows a person to apply for treatment instead of prosecution when their criminal behavior was triggered by alcohol or drug use, mental health issues, or intellectual disabilities.  Under this statute, a person charged with certain crimes can request the Court to defer prosecution, stay all criminal proceedings, and establish a treatment plan for the offender.  If the Court grants the motion and the offender successfully completes the treatment plan, then the prosecution ends, and the Court dismisses the underlying criminal case.

Effective September 30, 2011, H.B. 86 expands eligibility for treatment through intervention in lieu of conviction to certain repeat offenders, low level drug trafficking offenses, and higher level drug possession offenses without a recommendation from the prosecutor.  Typical cases eligible for treatment through the intervention in lieu of conviction statute include theft offenses, felony nonsupport offenses, unauthorized use of a motor vehicle, misuse of a credit card, forgery, passing bad checks, fourth and fifth degree felony drug possession cases, and fifth degree felony drug trafficking charges.

As before, persons charged with offenses of violence, first, second, and third degree felonies, and higher degree drug trafficking charges are not eligible for intervention in lieu of conviction unless the prosecutor first agrees to reduce the charge to a lesser eligible offense.

If you are charged with possession of drugs, or another eligible offense, contact a Columbus Criminal Defense Attorney from our firm at 614-547-5757 to find out whether you are a good candidate to receive treatment through Ohio’s intervention in lieu of conviction statute.