Drug Diversion Programs Available in Hamilton County, IN
Conviction isn’t the only path for some individuals facing drug charges. Drug diversion programs available in Hamilton County, IN may allow qualifying defendants to complete treatment, supervision, or other requirements instead of, or in addition to, normal case processing. Program availability and eligibility vary based on charge, criminal history, and other factors.
Why Choose Us?
The Criminal Defense Team of Baldwin Perry & Wiley P.C. is a local criminal defense law firm that serves Carmel, Noblesville, Fishers, Westfield, and other nearby communities. Our attorneys collectively have over 100 years of legal experience, and each case is staffed with at least two attorneys and one paralegal to foster teamwork and make sure no detail is overlooked. Our firm also boasts former felony prosecutors who have tried homicide cases.
Currently, there are only six Criminal Trial Specialists Board-Certified* lawyers practicing in the entire state of Indiana, and five of them are part of our team of lawyers at The Criminal Defense Team.
Hamilton County Pretrial Diversion
Indiana is no stranger to alleged drug crimes. The United States Sentencing Commission reported that drug arrests in fiscal year 2025 accounted for 35.7% of all arrests in Indiana. Of those, methamphetamine arrests accounted for 54.2% of drug arrests, while fentanyl accounted for 30%.
Pretrial Diversion in Hamilton County is usually available to those with minimal criminal histories who are charged with certain misdemeanors or Level 6 felony offenses. Marijuana possession and drug paraphernalia possession are two examples of charges that may make you eligible for diversion, but the prosecutor makes the decision.
Drug crime laws, specifically Indiana Code § 33-39-1-8, allow qualifying parties to enter pretrial diversion by way of agreement with the prosecutor. In Hamilton County, cases are typically placed on pending status for one year, during which time you need to fulfill your obligations. After successful completion, the charge may be dismissed.
Requirements vary based on many different factors but commonly include things like community service hours and substance abuse counseling. If your drug case is eligible for pretrial diversion in Hamilton County, you may be required to participate in an evaluation by a certified drug/alcohol counselor and complete no less than eight hours of drug counseling. If your counselor recommends further treatment, you need to participate in that as well.
Drug Diversion Program Cost
Costs for drug diversion programs vary by program and what is required of you. Pretrial Diversion can include deferred prosecution fees, user fees at the start of the program, and monthly user fees. Counseling and any other services that you are required to complete may cost extra.
Hamilton County has a waiver of diversion fees request form. Fee schedules are subject to change, so make sure to verify costs before agreeing to something based on a previously published cost. Hamilton County criminal cases may proceed through the Hamilton County Government and Judicial Center at 1 Hamilton County Square, Noblesville, IN 46060.
Hire a Drug Crime Lawyer
If you are considering drug diversion in Hamilton County, it may be beneficial to first hire a drug crime lawyer. Diversion allows qualified defendants to avoid a conviction. However, the requirements for each program vary. Knowing what you’ll be required to do before you enroll is important, and a Hamilton County drug crime attorney can help.
The Criminal Defense Team of Baldwin Perry & Wiley P.C. includes five of Indiana’s six Board- Certified* Criminal Trial Specialists. We also keep a lawyer on call 24 hours a day, seven days a week. Contact us today to discuss your case.
*Andrew Baldwin, Kathie Perry, Maxwell Wiley, Kelly Pyle, and Michael C. Cunningham are Board-Certified* Criminal Trial Specialists, as certified by the National Board of Trial Advocacy. Find out why having a Board-Certified* Criminal Trial Specialist as your defense lawyer is important here.