As an Alternate to Drug Court, Ohio Offers an ILC, Intervention in Lieu of Conviction Program
Adam: One of the things that they’re going to look at is the totality of that individual. I’ve had people who have been denied drug court because they had too many medical problems and they were on medications, so the drug court wouldn’t accept that risk. There is what we call “ILC” also, intervention in lieu of conviction.
ILC is a similar program that’s more individually based. It probably doesn’t come with as many benefits as far as there’s no automatic expungement. However, first time offenders may be eligible for an expungement after probation is completed.
Interviewer: What are the benefits of the ILC program?
Adam: It keeps them from going to jail and provided they follow the rules and complete the program, they’re just going to remain on probation as opposed to going to prison.
The ILC Program Is a Viable Alternative for People Prohibited From Drug Court
Interviewer: That’s just for first time offenders?
Adam: Well, it would be for, ideally, the first place they would want to go is into drug court, but like I say, there are certain things that can disqualify a person; such as their health or if they’re on medication for treatment of some type of disability or whatever. There are things that could keep them from actually from getting into drug court. So the second best scenario would be ILC, intervention in lieu of conviction.
Interviewer: I would think those factors would help them get into drug court such as if they have a disability or if they’re on medication. But you’re saying it makes it harder for them to get into drug court. But the second safety net program, the ILC, they can still try to get into?
Adam: Yes, that is right.
What Factors Could Help You Gain Entry in Drug Court? How Will Your Attorney Argue Your Case?
Interviewer: What would help somebody get into drug court? What elements of their case have you seen help them gain entry?
Adam: The big factor that is taken into account is how many priors they had and what kind of argument I can make to the prosecutor as to why they deserve another chance. Some people have felonies on their records from years ago, and it’s been a long time since they’ve committed any other crimes.
Sometimes, I’ll use that as an argument. A person might be attending Youngstown State University. It’s mostly a commuter school, so I can always argue, “Look, the person might have done something a long time ago. Now they’re in college, they’re trying to make something out of themselves, they’re very scared because they got caught with possession.”
Interviewer: Is there any other reasoning you utilize to help people get into one of these programs?
Adam: Other examples would include if my client is a parent of a child or if they’re the only parent of a child, when the other person isn’t involved and they’re the sole means of income for a family. There are literally numerous possibilities of what I could argue.
Interviewer: That’s good. I’m sure people want to know this. People who have been charged could be researching this subject and obviously, they would hope to get into these programs versus.
By Adam Hunt