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What is Treatment In Lieu?

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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