Conversion and Incomplete Pre-Trial Diversion

My question involves criminal law for the state of Indiana.

Short version: My girlfriend pleaded guilty to a Conversion charge, got on Pre-Trial Diversion, ultimately failed to complete the final step of the program (phone calls with a case worker) though successfully completed all others, and is now looking at dealing with a criminal charge of conversion. What can we expect? Is jail time required, or is that simply part of the maximum sentence (1 yr jail, $5k fine)? Thank you so much in advance.

Long version: In late 2008 my girlfriend was shopping at a department store and laid a blouse across the top of her purse so she didn't have to carry it while walking around the store. While walking through the store, she received a call from her mother who had just gotten into a car wreck at an intersection right by the store. Panicked, she ran out the door to see her mom and make sure she was alright. In the parking lot, she was confronted by security guards about the item still on her purse, which was not concealed in any way. She explained the story, but was brought back to the store and held for suspected shoplifting. Granted, this situation would look/sound suspicious to any security guard who surely had heard a million such stories.

She ended up being brought before a judge, but as this was her first offense she qualified for the Pre-Trial Diversion program. This required that she plead guilty to the charge of Conversion, a Class A Misdemeanor, and meet all the requirements of the program. She completed a majority of the requirements of the program quickly (community service, appointments with a case worker, paying a fine) and was left with only regular phone calls with the same case worker. She then moved to another state for her new job, a place with no cell phone reception, and ultimately missed the calls. She realizes she (in her words) "F'd up." Because she failed to complete this final part of the program, she was removed from it and is now facing criminal conversion charges.

She is about to head home to take care of these charges and ultimately she and I are both wondering what she should expect. Financially, she does not have the time or money to stay in Indiana for any appeals or anything that would take over a week or require hiring a lawyer. At this point we're hoping for the lowest possible charges, and perhaps a consideration of the fact that she completed every single other part of the program to aid in that.

Does anyone have an idea of what sort of sentencing should be expected? I know that it depends on the judge, and I know that the maximum fine is $5,000 and 1 year in jail. I'm mainly wondering what sort of sentence could be expected with those as the maximum. Is jail time mandatory, or could it just be a fine? We both greatly appreciate anyone's time in this manner.

Thank you in advance.

Short version, a lawyer makes all the difference,this can effect her long term. She need to hire a lawyer or see if she can get a legal aide. Courts can be a crap shoot. Her best hope is getting back in to the diversion program or a reduced charge like disorderly conduct. Regardless it might be unavoidable and take more then a week to resolve. .

Some lawyer offer a free consultation then she can at least have an idea at what she is facing,etc.


Most likely a 1st time misdemeanor charge is just looking at fines and maybe some probation. It's the look term affect like finding a good job,renting a place,etc that can cause her long lasting problems. Maybe now it's not that serious,these thing can bite you in the ass in the future. A good local lawyer can make a world of difference. I got arrested then was able to get in to a diversion program, I screwed up and got arrested again. I hated borrowing money for a lawyer,considered not bothering but I am extremely glad that I did. My lawyer was able to keep my 1st charge diverted and my new charge lowered to a non criminal offense . When I 1st went to court with out a lawyer I was there 2-4 hrs,with a lawyer I was in and out with in 10-20 minutes. My lawyer was also able to schedule my next court date when I didn't have work,told me things like be patient,we should choose this day b.c this Judge is more reasonable and can be lenient,etc.

Thanks for the quick reply tc, I appreciate your input.

The main issue that we run into with getting a lawyer etc. is that the money simply isn't there. On top of that, if she's in Indiana spending money on a lawyer she won't be here making any money, putting her only further in debt. At this point she is barely scraping by with just the bare necessities. Going into any more debt ultimately would mean she couldn't afford to survive.

I do appreciate your input, and it is good to know of the possibility of getting back onto the diversion program. That would probably be the most ideal situation, but it's hard to say if that would even be possible without a lawyer.

Right now she's on the phone with a law office for a free consultation, so hopefully we'll get some good news. I am also considering talking to my step-father, who is a retired judge (though not for criminal court) to see if he has any advice.

Here's to hoping.

Whatever she does it best to plead not guitly,maybe they will offer her a reduce charge or let her back in the program. She might have go to court a few times,it could take longier then a week. Debt sucks,I got myself in a little but in future if she lose a job because of a theft conviction it would suck. She gonna regret not fighting, can she qualtilfy for a legal aide because of lack of funds.