Diverting

In Indiana Public Defender's state,

Petty criminals can walk, for a price: Program unfair to poor, public defenders tell court

If you commit a minor crime like shoplifting in Marion County, you can essentially buy your way out of trouble and have the charges dismissed. A pretrial diversion program -- similar to ones in at least 76 other Indiana counties -- permits people to pay a $150 administrative fee to erase the charges.

But for those who cannot afford the cost, a guilty plea or trial are the only choices. "This is just blatant discrimination against poor people," said Kathleen M. Sweeney, a Marion County deputy public defender. "Because they're poor, they're treated differently."

We have a version of diversion here which is available to some people accused of some felonies. It's a good deal if you can afford it and comply with the requirements of the Friendship Program ( a name I appreciate in a Newspeak, "The Prisoner" sort of way.

However, if you accept "Friendship" and can't maintain it, then you get a version of due process where the judge will review the probable cause statement in your court file. When being handed your next court date, you may be be told, "Please come back to court prepared to be found guilty at that time."

Of course, one can reject the offer of diversion, with the chance to make three felony charges go away with good behavior and some cash changing hands, even perhaps after your assigned p.d. gets you the second opinion and strong recommendation of one of the most senior p.d.'s in the county. Then one can leave diversion on the table and go to jury trial facing 22 to 29 months if your bacon is not saved by your lawyer. That would be me.