Articles Posted in Diversion

This post is the third and final in a three part series that addresses what diversion is in DC criminal law.  The first part discussed deferred prosecution agreements.  Part two discussed deferred sentencing agreements.  This part will discuss the DC Superior Court’s problem solving court options that include Mental Health Court and the Superior Court Drug Intervention Program or “Drug Court.”  These options are available to people charged by the United States Attorney’s Office and if successfully completed can result in the dismissal of one’s case.gavel

In both courts, the central focus is treatment rather than incarceration.  In Drug Court, the focus is exclusively on the person charged getting drug treatment.  In Mental Health Court, the focus is typically on both drug treatment and mental health treatment, which typically go hand in hand where someone suffers from both a mental health illness and a drug addiction.  If someone completes either court successfully, the government will usually dismiss that person’s criminal case.  Not everyone can enter these programs.  For both problem solving courts, the person must be approved by both either the United States Attorney’s Office (“USAO”) or the Pretrial Services Agency or both.  So, it is important, if you are interested in resolving your criminal case through a problem solving court, to have a DC criminal defense lawyer who will advocate on your behalf to help get you into the court that most fits your situation.

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file0001722308752-225x300This entry is part two of a three part series explaining what diversion is in the District of Columbia.  The first part discussed the Deferred Prosecution Agreement or “DPA.”  Part II discusses a Deferred Sentencing Agreement or “DSA.”  A DSA is similar to a DPA in that the government will require the person accused of a crime to jump through a series of hoops in exchange for ultimately dropping the charges.  Both the US Attorney’s Office for the District of Columbia or USAO and the DC Office of the Attorney General or OAG offer DSA as a pretrial diversion option in limited circumstances.

For the DC crimes charged by the USAO, the criteria for a DSA is very similar to its criteria for a DPA.  A person must drug test negative to qualify for a DSA.  If the person’s first drug test is negative, then that will satisfy the requirement.  However, if the first test is positive, then the person must drug test until he or she gets two consecutive negative tests.  Usually, a prosecutor will offer a DSA instead of a DPA for somewhat arbitrary reasons.  It could be a prior conviction in the person’s background or something related to a complaining witness in the case.  A DSA is still a good deal in most cases.  However, it requires the person plead guilty where a DPA does not.

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In DC criminal law, people often ask what diversion is.  This post is the first part in a three part series that answers that question.  Diversion is a program offered by the prosecution where when an individual meets certain conditions, the government will dismiss the charges against that person.  Several types of diversion programs exist in DC.  Having a criminal defense lawyer who can explain the diversion options is important when you are charged with a crime in DC.  Before understanding what type of diversion options exist, its important to know the difference between the two government agencies in DC that prosecute crimes.

As previously mentioned, the DC Office of the Attorney General (OAG) prosecutes only traffic misdemeanors.  The United States Attorney’s Office for the District of Columbia (USAO) prosecutes all other misdemeanors and felony crimes.  Felonies are crimes that carry a maximum penalty of more than one year in jail.  That difference is important in and deserves further discussion in a future post.  The United States Attorney’s Office has more flexibility in diversion programs and also has more options with more reasonable requirements.  So, the first couple of posts on this topic will discuss diversion options the USAO offers.  I will discuss the OAG’s diversion police in a later post for those primarily concerned with options when they get a DC DUI.

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