Traffic and Misdemeanor case diversion in DC

What are the diversion programs that are offered by the Office of Attorney General Office for Traffic and Misdemeanor Cases in DC

Diversion is a way of diverted the criminal or traffic case from a trial calendar.  (watch our video on diversion) Remember there are 2 prosecutor entities in the District of Columbia.  This article is about the diversion process for the Office of Attorney General for the District of Columbia.   The US Attorneys Office for the District of Columbia has different diversion programs for misdemeanors in the District of Columbia.    Only the OAG, the prosecutor, has the power to determine whether to offer diversion for traffic or misdemeanors that they are prosecuting.   The Judge has no input on whether diversion is offered.   However, your traffic lawyer may try to convince the prosecutor to offer diversion for your traffic or misdemeanor case that is being prosecuted by the OAG.      You should consult an traffic or criminal lawyer in the District of Columbia to see if you are eligible for one of the different diversion programs.  This is a list of the current diversion programs offered by OAG.

Family and Medical Counseling Services Diversion

This program is intended for people charged with traffic related alcohol offenses.   In this program the defendant enters an alcohol/drug counseling and treatment program and is required to attend classes where instruction is given on the effects of drinking/substance use and driving.   Classes can include group therapy or individual sessions. Fees associated with this diversion program are paid by the defendant and must be paid prior to receiving the service. The fees may be reduced depending on the defendant’s income.  Link to document

Community Service Diversion

The defendant agrees to perform community service through various D.C. non-profit or D.C. government  entities designated by the D.C. Superior Court Criminal Division, Community Court Office, and Comm unity Service Program. The defendant may be required to perform anywhere from 4 to 40 hours of community service before the defendant’s next court date i n order to satisfy his or her obligations under the  agreement.

Remedying Diversion

If you are charged with driving with no permit, operating after suspension or revocation, or any other charge involving your license, registration or insurance.    This diversion may require more than one court date and the OAG may not grant on the first date; however, to be eligible your attorney may try to negotiate with the OAG to make it available.   The OAG may dismiss the case against you if you can remedy the situation. To remedy the situation you will have to get a valid license, registration, or insurance and bring proof to court.    If your license has been suspended or revoked you must get your license reinstated (that may mean paying parking tickets, child support, or other  financial obligations).

Remedying and Community Service Diversion

Sometimes the OAG office will want more out of the defendant than just remedying.  This may be the case where the defendant has multiple infractions of driving without a license.    The OAG may require the defendant to remedy first and come back to the next court date with proof a valid driver’s license and/or a certified driving record.   The defendant  is then  given community service hours to complete before the next court date.

Post and Forfeit Diversion

The OAG may give the defendant an option to post and forfeit a set amount of money and the prosecutor will not continue to prosecute the case.    Please see our blog on post and forfeit after arrest.  For a link of post and forfeit charges.

Social Services Referral Diversion

In certain case especially where there has been a consistent issue (for example drinking in public)  a defendant may be offered the opportunity to participate in a particular social services program that is identified by OAG.  lf the defendant returns on the next court date with proof of participation the case will be dismissed. The social services programs may include mental health treatment, alcohol and substance abuse treatment, job training, medical care, housing assistance, and/or education.

Deferred Sentencing Agreement

In some cases the OAG will offer a Deferred Sentencing Agreement (DSA). This is an agreement between the defendant and the government that requires the defendant to admit an offense and enter a plea of guilty, but gives the defendant the opportunity to follow certain conditions stated in the agreement – such as completing community service or participating in a traffic alcohol prog ram or other program – with in a period of time specified in the agreement. lf the defendant does what the agreement requires in the specified time, the defendant will be allowed to withdraw his or her plea at the next hearing date and the case will be dismissed. If the defendant does not fulfill the terms of the agreement. however, the government will ask the court to impose an appropriate sentence upon the defendant on the day of sentencing.

Time to complete diversion

If you agree to enter a diversion program the judge will place the case on the Diversion Track and set a next court date (a “diversion status hearing”) up to 60 days in the future.  For diversion agreements like a DSA – you may come back in 1 year.   If you successfully complete the diversion program requirements, the government will dismiss the charges against you and you will not have a criminal conviction. It is important to complete all of your diversion requirements by the diversion status hearing date because if you do not, the OAG may withdraw the diversion offer.

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