The St. Joseph County Pre-Trial Diversion Program has been established by the Prosecutor's Office and is designed to work with those persons charged with a misdemeanor. This program is for people who have had little or no criminal background and who are charged with committing various misdemeanor offenses. If you are accepted into the Diversion Program, your case will be dismissed after a period of one year (thereby avoiding a conviction) as long as the requirements and conditions of your specific agreement have been fulfilled.

Eligibility

Generally speaking, the defendant must not have a previous criminal background and must currently be charged with a misdemeanor offense. Charges that are sometimes considered for the diversion program include:

• Battery
• Check Deception
• Criminal Conversion
• Illegal Consumption of Alcohol
• Illegal Possession of Alcohol
• Public Intoxication

Other misdemeanor charges may be offered diversion at the discretion of the deputy prosecutor handling the case.

Eligibility for the program is determined by the deputy prosecutor assigned to the case and on a case-by-case basis. 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 diversion. If you wish to see if you are eligible for the Pretrial Diversion Program, you may submit the Pre-Trial Diversion Program Form. Once your case has been reviewed, the Prosecutor's Office will contact you.

Conditions of Diversion

Generally, all cases that are diverted will be pending for one year. During that time, the defendant may be required to:

1. Pay fees, which includes a User's Fee of $170 ($60 of which is an initial fee due at signing) and a Court Cost of $164.
2. Agree to obey all local, state and federal laws. Also, agree not to be arrested or commit any criminal offense.
3. Agree to complete any special conditions of the Agreement, which can include community service, restitution, drug testing, substance abuse evaluation and/or counseling, anger management or similar counseling, no trespassing or no contact orders, or other special requirements.
4. Waive your right to have a trial within one year of the date that the agreement is filed.
5. Agree to support your dependents and meet family responsibilities.
6. Agree to truthfully answer all reasonable inquiries posted by the St. Joseph County Department, Diversion Coordinator, or agent.
7. Report any change of address or telephone number, in writing, within 7 days.
8. Acknowledge that failure to comply with the terms and requirements of this Agreement will result in the Prosecuting Attorney proceeding with this matter. Failure to comply will also result in forfeiture of any payment made to the St. Joseph County Pretrial Diversion Program.

Payment Options

Payments are to be made at:

Traffic and Misdemeanor Court
112 S Lafayette Street
2nd Floor - Window Number 208
South Bend, IN 46601

Payment Methods

Money orders, cashiers check, credit card, and cash are accepted. Mailed payments (money orders/cashiers checks) are to be made payable to the St. Joseph County Clerk and mailed to the above address. Personal checks are not accepted.

You may pay by credit card by calling GPS Services at 888-604-7888 toll free or you can pay online. There is an additional fee for these services. The pay location code for GPS is Number 6579.