Fink granted intervention in lieu of conviction

Sherrodsville resident Andrew Fink appeared in court for further proceedings on a motion for intervention in lieu of conviction. Fink is charged with fifth-degree felony breaking and entering.

“The defendant has been assessed by the Wellmore Center for substance abuse,” Judge Shawn Hervey said. “The center found that he has a substance abuse problem and his substance abuse led to his current criminal charge situation, and that treatment will reduce the likelihood he will commit a future crime.”

Hervey explained that to enter the program, Fink must plead guilty to the charge. The court will withhold sentencing while he completes — or fails to complete — the program.

The intervention in lieu of conviction program allows individuals charged with certain low-level felonies to undergo counseling and treatment under court supervision. If they comply with all requirements for a set period — typically one year — the felony charge is dismissed. Eligibility depends on the defendant’s criminal history and the severity of the offense.

“You stay clean and sober,” Hervey told Fink. “You go to counseling. You don’t commit any violations of the law. You complete 40 hours of community service.”

The motion was granted, and Fink will report to the Adult Probation Office to begin the program. He will check in with the court every few months over the next year to ensure he stays on track.

“This is the first time I’ve been in trouble,” Fink said.

“Yes, sir, we recognize that,” Hervey said. “That’s why we’re offering you this program. The hope is that you take advantage of it and are successful. You’ve taken the first step today, getting tested and you’re clean. That’s the goal.”