What a good result looks like in the world of criminal defense depends on the client and the circumstance. Some clients have cases where their guilt isn’t really at issue and instead look for their attorney to guide them to the best result possible given the circumstances. In many cases, that means pleading guilty and looking for offers or programs that mitigate the offense.
Ohio has a statute for Intervention in Lieu of Conviction, Section 2951.041 which allows criminal defendants to keep a felony conviction off of their record if they successfully complete an intervention program. The program is designed to allow offenders who committed their offenses under the influence of drugs, alcohol, or mental illness to undergo treatment and end up with their charges dismissed. After dismissal, the charges can be sealed to prevent the criminal record from being publicly available.
A defendant interested in this program must first undergo a screening to determine their eligibility. If eligible, the defendant will be required to plead guilty, but no finding of guilt will be made. The defendant will then be given an intervention plan that is designed around their particular issues and will often include requirements that no drugs or alcohol be consumed and restitution be paid.
Practically speaking, Intervention in Lieu of Conviction is very similar to probation. The term of the program varies between 1-3 years and during that period, the defendant will be supervised much like they would on probation. Failure to successfully complete the program will result in the judge terminating them from the program, making a finding of guilt, and sentencing the offender within the range of punishment.
Intervention in Lieu of Conviction is usually available to offenders with non-violent offenses like theft, drug possession, or other similar offenses. If you have a qualifying case and believe you would be a good candidate for ILC, contact Levinson Law LLC to guide you through the process.