The Diversion Program
If you were cited with an underage alcohol charge, false ID, disorderly conduct by intoxication for the FIRST time, you may be offered the Diversion Program instead of being asked to enter a plea at your arraignment. From the City of Athens Diversion Program website:
“The Athens County Municipal Court’s Underage Drinker’s Diversion Program is a ninety day program designed as an alternative to criminal prosecution for first time offenders. The eligible charges for this program are Underage Consumption of Alcohol, Underage Possession of Alcohol, False ID, and Disorderly Conduct by Intoxication. The benefits of the program are that no plea is taken and, at the successful finish of all elements of diversion, the case is DISMISSED and the record expunged.”
Our advice is to sign up for the Diversion Program and if you have questions or you are unsure if it’s the right thing for your circumstances, make an appointment to speak to one of our attorneys and they will help you decide. You can always withdraw from the Diversion Program later if you need to. Signing up for Diversion at the time of your arraignment may save you time.
All of this information was obtained from the City of Athens Diversion Program website. We highly recommend you visit this page to get complete details on the Diversion Program.
Go to our downloads page to get a copy of the community service times heet and a list of approved community service opportunities.
City of Athens Diversion Program Requirements as of September 2011:
1) Alcohol Evaluation: This evaluation by a trained counselor will help the court (and you) determine if you have a pattern of high risk drinking, an alcohol abuse problem or the potential to have an alcohol abuse problem. The fees for the class are usually about $35-$45. The two agencies in Athens to get alcohol evaluations are:
Flores & Associates
11 East Washington Street
Athens OH 45701
(740) 592-4797
Health Recovery Services
SAAMCO (Substance Abuse Assessment for Municipal Court Offenders) Program Registration Information
224 Columbus Rd.
Athens, OH 45701
(740) 589-3680
2) Community Service: The Diversion Program requires 12 hours of community service, and eight of them MUST be done in Athens County. There is no other option for those eight hours. No exceptions. The position of the Athens Co. Municipal Court is that if you can break the law in Athens, you can do community service in Athens. The eight hours will be done on a day that is assigned at the time of arraignment, and the remaining four hours can be done at any time as long as they are done at one of the agencies approved by the court. Any deviation from the list must be approved by the Diversion Officer before the work will be accepted.
Visit the City of Athens Diversion Program website for more important details on the community service requirements.
Approved agencies for community service in Athens County:
| Athens County Historical Society & Museum | (740) 592-2280 |
| Athens County Library, Nelsonville Branch Only | (740) 753-2118 |
| Athens County Service Garage | (740) 592-3343 |
| Dairy Barn Cultural Center | (740) 592-4981 |
| Goodwill Industries | (740) 592-4105 |
| Hocking College Dept of Natural Resources | (740) 753-6344 (Norman Fox) |
| Keith Kittle, Lake Snowden Maintenance | (740) 698-6373 |
| Last Chance Corral | (740) 594-4336 |
| Nelsonville Food Cupboard | (740) 753-3810 |
| New to You | (740) 592-1842 |
| OU Campus Recycling | (740) 593-0231 |
| OU Service Facilities | (740) 593-1611 |
| Reuse Industries (Athens) | (740) 594-5103 |
| The Plains Volunteer Fire Department | (740) 797-2911 |
| The Village of Trimble (Doug Davis, Mayor) | (740) 767-2341 |
3) Alcohol Education
There are two alcohol classes in Athens that were designed for this program.
Flores and Associates, Court Alcohol Substance Educational Program (CASEP)
11 East Washington Street, 2nd floor
Athens, OH 45701
(740) 592-4797
Download the CASEP schedule of classes for winter 2012
Health Recovery Services
224 Columbus Rd.
Athens, OH 45701
(740) 589-3680
The City of Athens Diversion Program website also has a list of agencies statewide that have been approved for use with our Diversion Program as well as more information about alcohol education programs. Don’t procrastinate in signing up for a class; they fill up fast and you might not get your class done in time.
4) Reading Assignment
The required reading is Koren Zailckas’ Smashed: Story of a Drunken Girlhood. You must choose six of the eighteen questions listed on the Diversion Program website (LINK) and answer them.
5) Fees and Costs
The Diversion Program fee is $195; court costs (which include the sealing/expungement fee) are $124, a total of $319.
6) Ninety Day Period of Good Behavior
The program is ninety days long. All elements of the program must be completed by the 90th day, no extensions. A receipt for a class is not proof of completion of the class. Failure to finish the program or a second offense during this ninety day period will remove you from this program and put you back at square one, facing a first degree misdemeanor charge. If all elements of the program have been completed by the final day and proof has been provided to the court, you do not have to appear in court on that date.
NOTE: You will also be facing sanctions from Ohio University Judiciaries for breaking the Ohio University Student Code of Conduct, which includes a fine of $100 and other penalties.
This information does not constitute legal advice, nor is it intended as a substitute for legal advice.