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How Does Diversion Work with AI & DC?

AI is shorthand for Alcohol Intoxication (often referred to as public intoxication) and DC is shorthand for Disorderly Conduct.  Often people are cited or arrested for AI and DC in Northern Kentucky if they were involved in a fight, altercation or otherwise disobey orders from police officers. The penalties for first offense AI are fine only.  That said, AI is an enhanceable offense, meaning that the fines increase for second offense and jail time is possibility for third or subsequent offenses.  Disorderly conduct is not an enhanceable offense, however it is a Class A misdemeanor under Kentucky law.  Class A misdemeanors are punishable by up to 12 months incarceration and/or $500 fine.  As such, it is wise to hire an attorney prior to going to court for any criminal charges. Kentucky has provisions for potential diversion of first offense, non-violent misdemeanor crimes with the concurrence of the prosecution.  Often AI and DC qualify for diversion program.  The program is more intensive than simply paying a crime, but it allows the defendant to have the charges removed from their criminal history record much faster than a guilty plea.  If you plead guilty to AI or DC, you will likely not be able to remove those charges from your record for 5-7 years.  Kentucky law only allows expungement of guilty findings 5 years after the completion of any probation or conditionally discharged period.  Then, the expungement is allowed only if there are no additional charges within the five year period. If you are eligible for diversion, you will sign a diversion contract which typically includes the following: (1) drug and alcohol evaluation and any recommended treatment; (2) community service generally up to 20 hours; and (3) payment of $150 diversion fee.  The diversion period is up to 3 months and you can have the charge dismissed once you complete the program.  After the charge is dismissed, you can file for expungement 60 days after the dismissal. A lawyer can do a number of things to help you through this process. First, he can attempt to convince the prosecutor that you are eligible or otherwise should be placed into diversion program.  He can then explain the process to you and meet with the diversion officer to assure that you are treated fairly.  He can then aid you with correct filings for expungement, including all agencies to completely remove the charge from your criminal record. If you have been charged with AI, DC or any other criminal matter, contact an attorney.  In Northern Kentucky, call Michael W. Bouldin at 859-581-6453 (581-MIKE) for a consultation or email at [email protected]

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