Larry Roberts
Fayette County Attorney

201 East Main Street
Suite 600
Lexington, KY 40507

Phone:
(859) 254-4941

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Criminal Diversion Program

The Criminal Diversion Program is an alternative sentencing program designed for the first-time offender.

Through a rigorous interview process, counseling, and demanding hours of community service, we intend to instill in the offender a better sense of community responsibility and bring about behavior and attitude adjustments that will break the cycle of recidivism before it begins. If an individual does not have a high school degree, then in most cases they will be required to obtain a G.E.D. After three years of being in office, we have successfully graduated over fifty young adults with the General Education Diploma and have required thirty individuals to re-enter college or pursue vocational training.

CRITERIA:
Must be at least 18 years of age and have had no prior contact with the court system (juvenile histories are reviewed on an individual basis).

A prosecutor’s referral from misdemeanor court is required. While the program’s core focus is possession of alcohol by minors and theft charges, other non-enhanceable misdemeanors are considered.

DIVERSION ELIGIBLE OFFENSES:
Minor in Possession of Alcohol or Marijuana
Alcohol Intoxication
Disorderly Conduct (non-violent)
Theft by Deception (M)
Ticket Scalping (two ticket limit)

PROCEDURE:
After arraignment on the misdemeanor, the offender must make and keep an appointment with a diversion counselor, who will verify that all criteria for admission are met and ascertain whether restitution is required.

If diversion is approved, up to sixty hours of community service will be assigned at a designated volunteer agency, appropriate counseling for alcohol or drug behavior will be determined, and fees will be assessed for administrative and court costs. Continued education, either on a high school or secondary level, may be required. A guilty plea will be entered and a final disposition date will be set by the Court.

Upon successful completion of the program, the offender will have their guilty plea set aside, the charge dismissed, and an Expungement Order entered at the discretion of the Court. However, if the terms of the program are not met, or if the participant was charged with another offense during the pendency of the action, it will be deemed a failure and a sentence within the statutory range will be imposed.

CONTACT:
Eileen Larmour
(859) 226-1819