You may have heard of ILC before, but what exactly is it? ILC is a benefit from the Court that may allow you to completely avoid an adjudication of guilt and therefore avoid a criminal conviction.
Not every crime nor every defendant can receive ILC. The crime at issue cannot be a Felony of the First, Second, or Third degree nor can it be a crime of violence.
In addition, drugs, alcohol, or mental illness had to somehow have contributed to the commission of the offense.
If the Court finds you eligible for ILC you will then enter a plea of guilty and waive your speedy trial rights. This guilty plea will not be filed but held pending your completion of the ILC program.
The Court will establish an intervention plan and for at least a year you will have to abstain from the usage of drugs and alcohol while participating in treatment & recovery services. You will be placed under the control of a county probation officer and must submit to random drug testing and any other treatment term imposed.
If successful in this program you will not have a criminal conviction and will be taken off of supervision. However, if you do not comply with your ILC terms the Court will file the guilty plea and impose sanctions.
Often, drugs or alcohol can influence individuals to make poor decisions. If that is the case ILC was designed to offer treatment and services as an alternative to incarceration. There are other nuances that could potentially affect your ILC eligibility therefore it’s important to discuss the details of your case with an attorney.