(a) The judicial district in which a person is charged with a felony shall have in place a pre-adjudication probation program as authorized by this subchapter before this subchapter may be utilized by the person charged with the felony, the circuit court with jurisdiction, or the state.
(b) A person charged with a felony is eligible to participate in a pre-adjudication probation program if:
(1) The circuit court with jurisdiction over the case and the prosecuting attorney agree; and
(2) The person is not charged with one (1) of the following criminal offenses:
(A) A criminal offense for which the person would be required to register as a sex offender under the Sex Offender Registration Act of 1997, § 12-12-901 et seq.;
(B) A felony involving violence as listed in § 5-4-501(d)(2);
(C) A felony involving a victim who was seventeen (17) years of age or younger at the time the felony was committed; or
(D) A felony involving a victim who was sixty-five (65) years of age or older at the time the felony was committed.
(c)
(1) A person charged with a traffic offense committed in any type of motor vehicle who was a holder of a commercial learner's permit or commercial driver license at the time the traffic offense was committed is ineligible to participate in a pre-adjudication probation program.
(2) As used in subdivision (c)(1) of this section, "traffic offense" does not include a parking violation, motor vehicle weight violation, or motor vehicle defect violation.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.