What Is Intervention in Lieu of Conviction?
Intervention in Lieu of Conviction (ILC of IILC) is a unique legal option available to defendants in Ohio who are facing charges for non-violent, low-level criminal offenses, such as drug possession or certain types of theft. In essence, IILC allows someone to take responsibility for their actions without facing a permanent criminal conviction.
Instead of being convicted and sentenced, the defendant agrees to participate in a supervised program, which often includes substance abuse counseling, mental health treatment, or rehabilitation. If the defendant successfully completes the program, the charges are then dismissed and the case is closed, often without a permanent criminal record. This is an invaluable tool for those facing a criminal charge for the first time, especially when their actions were tied to an underlying issue like addiction or mental health struggles.
How to Get Intervention in Lieu of Conviction
ILC is not available to everyone. To qualify, the defendant must be facing a low-level felony charge, typically an F4 or F5, and the crime must not involve violence or have a direct victim, unless the victim consents to allowing the defendant the opportunity to enter a rehabilitation program, as in some theft cases. For example, in one case we helped a client with, it was a young man with a drug problem who had stolen from his grandmother. She signed off on him completing a rehabilitation program instead of going to jail because she wanted him to get help.
At our Ohio law practice, we’ve successfully used ILC not only for cases involving drug-related offenses but also for non-violent crimes like theft, gun charges, and even some fraud cases. For instance, we worked on a case where a client had committed theft while struggling with substance abuse. With the right evidence and support, we argued that addiction was at the root of his actions, and he was able to enter ILC as an alternative to facing a criminal record.
How Does IILC Work for Defendants?
When someone is granted ILC, it operates as a contract between the defendant, the court, and the prosecutor. The defendant agrees to a set of conditions that can range from completing counseling programs to submitting to drug testing or community service. These conditions typically last for one to five years, depending on the offense and the individual’s progress.
The key here is that if the defendant complies with all of the program’s requirements which usually include, staying out of trouble, attending counseling sessions, and paying any associated fees. If they are able to stick to their agreement, then the charges are ultimately dismissed. This means that after the program, the defendant can walk away without a criminal conviction on their record.
In some cases, the success of an ILC program can even lead to the charges being sealed from the defendant’s record, allowing them to move forward with a clean slate.
For example, we had a client who was facing a felony theft charge, and after discussing his history of drug addiction, we determined that his criminal behavior was closely linked to his addiction. With the support of his family and a clear commitment to treatment, he was granted ILC. After successfully completing his rehabilitation program, the charges were dismissed, and he was able to begin his life again without the burden of a criminal record.
Recent Cases That Got An ILC Outcome
ILC Case Example 1: Theft and Substance Abuse
One of the clients I worked with had committed theft while struggling with a drug addiction. This was a person who had never been in trouble with the law before, but their addiction had led them down a path they never intended. After discussing the situation, we determined that the theft was directly tied to their substance abuse issues.
By presenting the connection between their actions and their addiction, we were able to argue that this wasn’t a case of criminal intent but a consequence of addiction. The court agreed to allow them to enter the ILC program. After completing the treatment, the charges were dismissed, and the individual was able to move forward without a criminal record.
ILC Case Example 2: Gun Charge and Marijuana Use
I had another client who ended up charged with a felony gun offense after being pulled over during an OVI stop. The issue here was that the defendant didn’t even realize that there was a firearm in the vehicle, as it belonged to a friend. However, we found that he had been smoking marijuana that evening and wasn’t thinking clearly.
We argued that the defendant’s impairment due to marijuana was a significant factor in his failure to recognize the gun in the car, and this led to a felony charge. We were able to use this to argue that the gun charges should qualify for ILC based on substance use. The court accepted our argument, and the defendant was granted ILC, allowing the charges to be dismissed upon successful completion of treatment.
ILC Case Example 3: Home Health Aide Facing Fraud Charges
In another case, a client was facing serious fraud charges. The charges stemmed from submitting false billing records to the state while working as a home health aide. However, upon investigating the background, we discovered that my client had been taking care of her sick husband and was under immense financial and emotional pressure at the time.
By presenting this evidence and showing the connection between the home life stress and the crime, we were able to secure ILC as an option. After agreeing to counseling, the case was ultimately dismissed, and she avoided a permanent criminal record.
How An ILC Can Positively Impact Your Future
For many people facing criminal charges, a conviction can be a lifelong sentence in itself. A criminal record can affect employment opportunities, housing options, and even personal relationships. It can also make it difficult to get certain professional licenses or to live in certain neighborhoods.
ILC offers a lifeline to those who have made a mistake and are committed to turning their lives around. Rather than facing a permanent criminal record, defendants have the opportunity to address the root causes of their behavior, whether it’s addiction, mental health issues, or a combination of factors.
As experienced criminal defense lawyers, we’ve seen firsthand how ILC can be a game-changer for the right clients. Many of my clients are hardworking, good people who simply made a poor decision. For these individuals, ILC is not just an option, it’s a chance to rebuild their future.
How A Skilled Defense Lawyer Can Secure Intervention in Lieu of Conviction for Your Case
Getting accepted into an ILC program requires more than just qualifying based on the nature of the offense. The defendant must demonstrate that they are committed to the rehabilitation process and that they genuinely need help to address the issues that led to the crime. This would include doing the following:
- Provide a Clear Case for Treatment: We work closely with our clients to outline the underlying issues that led to their arrest. Whether it’s addiction, mental health struggles, or emotional trauma, we help present a comprehensive picture to the court that emphasizes the need for treatment instead of punishment.
- Gather Support: Having support from family members, friends, or even employers can go a long way in demonstrating a commitment to rehabilitation. Courts want to see that the defendant has a support system in place to help them succeed in the program.
- Ensure Compliance with All Requirements: Once granted ILC, compliance with all program conditions is crucial. We guide our clients through the entire process, making sure they follow their case plan, attend all counseling sessions, and stay on track.
When ILC Isn’t an Option
ILC is a fantastic tool, but it isn’t available for all types of cases. If the offense involves violence or the victim opposes rehabilitation, the court may not approve ILC. Additionally, repeat offenders or those with a history of failing to comply with treatment programs may not be eligible.
However, even if ILC isn’t an option, there may still be other alternatives available. It’s always worth speaking to a criminal defense attorney to discuss the best course of action based on your specific circumstances.
Charged with a Crime? Contact An Ohio Criminal Defense Lawyer To Talk About Your Options
ILC provides an invaluable opportunity for individuals who are struggling with substance abuse or mental health issues to avoid the lifelong consequences of a criminal conviction. By offering a path to rehabilitation and a second chance, it allows defendants to move forward without the burden of a criminal record.
If you’re facing charges and believe that a treatment program could help address the root causes of your offense, ILC may be the best path forward. As experienced criminal defense attorneys in Ohio, we’re committed to helping you navigate the complex process and, where possible, securing a better future without the permanent weight of a criminal conviction.
