In Cincinnati and other Ohio jurisdictions, the term is used so that some criminal defendants can get treatment in lieu of conviction. Kentucky does not use the term “treatment in lieu”, however the idea of a person receiving treatment and being placed on felony diversion is very similar.
Ohio has statute 2951.041, Intervention in lieu of conviction, which allows for a court to permit a criminal defendant facing specific charges to receive treatment instead of facing a trial and conviction on the matters. Treatment in lieu of conviction is typically utilized for persons charged with first offense drug possession and some alcohol related charges. Typical drugs which may be included are heroin, cocaine, crack, marijuana and prescription narcotics.
The option of treatment in lieu of conviction allows the person to complete the drug treatment while serving a period of probation and the motion must be made prior to entry of a plea. If successful, the defendant is released from further obligations and the charges are ultimately dismissed and capable of being expunged.
The similar method to dealing with these types of charges in Kentucky is for the defendant to plead guilty and enter into a felony diversion program. If the person successfully completes the program, they can have the charges dismissed.
Treatment in Lieu of Conviction as well as Felony Diversion may be offered to first time offenders charged with drug possession. As with any criminal charges, a more experienced criminal defense attorney can give the defendant the best chances at a favorable resolution to the case. If you ahve been charged with drug possession or any other crime in Northern Kentucky or Cincinnati, contact Michael Bouldin at 859-581-6453 or mwbouldin@fuse.net.
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will the charges be on a background check
Yes. If you are accepted into “treatment in lieu” in Ohio or any other diversion in Kentucky or Ohio, the charges will remain until the diversion period is completed. If successful, the case will then be dismissed. Even though there is no conviction, the arrest is on your record if an employer does a background check. In most cases, you can then later file a moiton to have the case expunged off of your record. An expungement will remove the record of the arrest. If a record is expunged, it will not then show on a background check.
Many defendants neglect to have their cases expunged after the case is through or do not expunge the case correctly.
my friend is getting the option of this treatment in lieu,
and wonders how long this program is?
Is it the situation of the rehabilitation programs descression.
The length of treatment when granted in lieu of conviction can vary. It is generally a 6 month program which may include inpatient and/or outpatient treatment. The first step is that the person is evaluated to try to ascertain the severity of the drug problem/addiction. If warranted, they may require an inpatient stay. The treatment program is generally extended if there are any relapses along the way.
I was granted treatment in lieu of conviction over a year ago and still have several months until my probation is complete.
I was just accepted to a really great job contingent on a background check. I was NEVER arrested or taken into custody for the charges I received related to the ILC(Intervention in Lieu of Conviction.)
I decided to run my own background check through a prominent site on the net and it came up completely negative. However, I did request a ‘court runner’ after this initial background check and that is where my charges did show up.
I am wondering since I was never arrested or officially charged if the ILC will not show on my background check?
If you entered an Intervention In Lieu of Conviction, you were very likely charged. The case will show up as “Pending” but not convicted.
I live in ohio and did the in lieu of. Since mine was from prescription drugs prescibed to me quest ordered 8 weeks out pt rehab an. I finished 8 weeks relapse. I finished the 1st class and quest and I decided I didnt need further treatment and I recieved my certificate. In lieu is usually a year my papers said up to one year can my lawyer.file the notion for me to be done so I can get off papers and pass my bci?
Sure. Treatment in lieu of conviction can be for up to a year. If completed early, you can ask for the case to be dismissed.