What is Intervention in-Lieu-of Conviction (ILC)?
Intervention in-Lieu-of Conviction, more commonly known as ILC is a one-year drug program for eligible offenders. An eligible defendant for ILC may file a motion with the Court to be screened for the program. ILC is focused on overcoming addiction, not punishment.
What is the Benefit of ILC?
If the defendant is deemed eligible then upon entering his guilty plea, the Court will Order said plea to be held in abeyance (not filed) with the Clerk. If the defendant successfully completes the program, the defendant's guilty plea will never be filed and his charges will be dismissed.
This is a great program and opportunity for a defendant to avoid a felony or even multiple felonies on their record. In addition, the defendant receives the help and treatment that they need. Attorney Fogt strongly encourages his clients to take advantage of this program if the facts and circumstances are in his clients' best interest. Many of his clients over the years have reported positive outcomes during ILC and when they successfully complete it.
Who is Eligible for ILC?
Ohio legislators expanded eligibility for ILC on October 29, 2018, pursuant to Ohio Revised Code (ORC) 2951.041, if a defendant is charged with a crime and the court has a reason that drug or alcohol use was a factor leading to the criminal act at the time of the offense or if the person had a mental illness, or was a person with an intellectual disability and has never been convicted or plead guilty to a felony offense of violence (See ORC 2901.01(A)(9)) and the current charge is not:
- A 1st or 2nd degree felony;
- A 3rd degree felony (excluding Drug Possession);
- An offense of violence;
- A division of (A)(1) or (2) of the Aggravated Vehicular Homicide statute (ORC 2903.06);
- A division of (A)(1) of the Aggravated Vehicular Assault statute (ORC 2903.08);
- OVI (ORC 4511.19);
- A charge that requires mandatory prison time;
- Corrupting Another with Drugs;
- Illegal Manufacture of Drugs, Illegal Cultivation of Marijuana, or Methamphetamine offenses;
- Illegal Administration or Distribution of Anabolic Steroids;
- 1st, 2nd, 3rd, or 4th degree felony of Trafficking or Aggravated Trafficking in Drugs;
- A crime involving an alleged victim of 65 years of age or older, permanently or totally disabled, under 13 years of age, or an on-duty police officer;
- A Tampering with Drugs charge that resulted in physical harm to someone; and/or
- An offense that would result in sanctions against a Commercial Driver's License.
Not many defense attorneys or even prosecutors realize that a defendant charged with a third-degree felony drug possession is still eligible for ILC.
If the defendant does violate the Court may revoke the defendant's ILC and likely will place him on community control. If it is a serious violation or if the defendant committed another felony, the Court may sentence the defendant to prison. Most defendants successfully complete the ILC Program though.
Fogt Law Can Help
Fogt Law will discuss with you if ILC is a good option for you and if so, will file the necessary pleading to help you.