Free Consultation / 24 Hours a Day - (614) 500-3836

Are You Eligible for Ohio’s Theft Diversion Program?

Posted On: December 17th, 2023   |   Posted by: Luftman, Heck & Associates LLP
gavel and handcuffs

A lapse in judgment or one-time mistake can have lifelong repercussions, particularly in theft cases. For instance, shoplifting is a first-degree misdemeanor in Ohio, and it carries a possible jail sentence of up to 180 days. While going to jail for a first offense is rare – a theft conviction is permanent, and punishments escalate with the value stolen, possibly into felony theft.

Luckily, first-time offenders have a lifeline: Ohio’s theft diversion program is designed to mitigate the severe legal and collateral consequences of a theft offense.

Here, the Columbus criminal defense lawyers at LHA explore the Theft diversion program’s eligibility criteria and how it could be a pivotal turning point if you or a loved one are facing theft charges in Ohio.

Pre-Trial Theft Diversion in Ohio

The Ohio Revised Code allows for pre-trial diversion programs as an alternative to trial. A pre-trial diversion program can be set up by the prosecuting attorney for adults accused of criminal offenses who the prosecuting attorney believes will probably not offend again. This type of program is ideal for first-time theft charges.

Eligible offenses often include first-time non-violent crimes, possession-related offenses, and crimes driven by drug or alcohol addiction, such as theft or prostitution. Additionally, Ohio offers a specific program for individuals whose crimes are addiction-motivated.

The primary benefit of pre-trial diversion in theft cases is that successfully completing a pre-trial diversion program can result in having theft charges dismissed and your record potentially expunged.

Am I Eligible for Pre-Trial Diversion?

 In Ohio, first-time offenders of non-violent offenses, including theft, may be eligible for pre-trial diversion. However, acceptance is not automatic.

Eligibility for pre-trial diversion and the exact details of the program are determined by the prosecuting attorney and approved by the judge. Typically, diversion operates like probation, involving law adherence, monitoring, and possibly drug testing. Participants must also agree to waive certain rights, like the right to a speedy trial, and cover any reasonable fees for supervision services.

Typically, repeat or dangerous offenders, those accused of violent crimes, or individuals who have threatened physical harm are excluded from pretrial diversion. To determine specific eligibility, it’s advised to consult an experienced defense attorney with details of the arrest.

Ohio’s First Offender Program (FOP)

The First Offender Program (FOP) is another diversion option in Ohio for those charged with a misdemeanor like theft offenses and have no prior criminal convictions.

Eligibility for the FOP includes no prior convictions, no other pending legal matters, not being on probation for another offense, not being dependent on drugs or alcohol, benefiting from professional supervision, and not having participated in any diversion programs since turning 18. Certain misdemeanors, such as vehicular manslaughter, specific drug crimes, sex offenses, violent crimes, and child endangerment, are not eligible for the FOP.

The conditions to satisfy the First Offender Program may include counseling or therapy, educational classes related to your crime, drug or alcohol counseling, community service, paying restitution, and sometimes an apology letter to the victim. Successful completion of the FOP can also lead to expungement.

Why Participate in Theft Diversion

Facing theft charges in Ohio can be daunting, but the repercussions of a theft conviction extend beyond just fines and jail time. Living with theft, shoplifting, or fraud in your background will almost certainly impact your future employment opportunities and possibly stigmatize you for life.

Therefore, the incentive to partake in Ohio’s theft diversion program is significant. Upon successful completion, prosecutors often recommend dropping or dismissing the charges. This opportunity can effectively let you erase the conviction from your record, sparing you from the associated consequences. However, failing to meet the program’s requirements may result in facing trial on the original charges.

What To Expect During Ohio’s Pre-Trial Diversion Program for Theft

When participating in a pre-trial theft diversion program, you can expect the following:

  • Determine Your Eligibility – Your eligibility will be assessed based on your theft offense, the details involved, and your criminal history.
  • Agree to the Pre-Trial Terms – You must agree to the program’s terms, which typically include attending counseling, theft awareness courses, possible drug testing, and community service. You may also be required to pay restitution and court costs.
  • Pre-Trial Monitoring & Compliance – Your diversion program will have a set duration, during which all conditions must be met. Your adherence to these conditions will be regularly monitored and documented.
  • Communication & Completion – Completing the program can lead to your charges being dismissed or reduced. However, failure to meet the terms could result in the original penalties. Therefore, it’s critical to maintain contact and open communication with your attorney regarding your progress.

A Lawyer Can Help with Pre-Trial Diversion

If you face theft charges in Ohio, the consequences of a conviction or even an unfavorable plea agreement can follow you for the rest of your life.

You may be a good candidate for pre-trial diversion if it’s your first offense, but you should have an experienced defense lawyer to help ensure you can get into and complete the program.

Here are some of the ways a lawyer plays a vital role in guiding you through pre-trial theft diversion:

  • Assessing Eligibility: Determining if you qualify for a diversion program.
  • Negotiating with Prosecutors: Advocating for your acceptance into pre-trial diversion or FOP.
  • Guidance: Helping you understand and adhere to the program’s requirements.
  • Preparing Documentation: Assisting with necessary paperwork and agreements.
  • Monitoring Compliance: Ensuring you meet all program conditions.
  • Court Representation: Advocating for you in any related court proceedings.
  • Addressing Issues: Providing legal defense in case of any program violations.
  • Expungement Assistance: Helping to clear your record after successful program completion.

Contact The Theft Lawyers at LHA for Help with Pre-Trial Diversion

A skilled Columbus criminal defense lawyer can be instrumental in navigating the complexities of pre-trial diversion programs and ensuring that one mistake doesn’t define your future.

At Luftman, Heck & Associates, our experienced theft attorneys have helped numerous clients face a wide range of theft cases and are familiar with all the pre-trial diversion programs available throughout Central Ohio. Let us review your options and secure the best possible outcome.

Call us today at (614) 810-4780 for a free and confidential consultation.



★★★★★
I can FINALLY breathe easy now. I want to thank Mr. Bowen and all the attorneys that helped me with this case.

Read Our Reviews
Call Now (614) 500-3836