MISDEMEANOR DIVERSION
There are number of ways to resolve misdemeanors absent a trial or plea. All of the options are by no means an exhaustive list of resolving one's misdemeanor matter in D.C. Superior Court. It should also be noted that the decision whether to admit a defendant into a diversion program rests completely within the discretion of the U.S. Attorney' s Office.Usually the U.S. Attorney's Office will not allow a defendant to enroll into a diversion program once a case is set for trial. The following is a brief description of each program, a non-inclusive list of eligibility requirements, and procedures for requesting admission . A rearrest during the diversionary period will lead to removal from the program and reinstatement of the case on the trial calendar. Codefendants are not eligible for diversion unless each co-defendant is admitted into a diversion program or each co-defendant's case is resolved by plea at the status hearing. You should also note that changes are made periodically; and therefore, new requirements may be added at anytime. Please consult an experienced D.C. Attorney before relying on this information.
First Time Offender Agreement (FTO):
Offered to first-time offenders charged with non-violent offenses who admit their criminal responsibility. Must perform community service, remain drugfree,
and work or be in school.
Drug Court:
Offered to defendants who cannot remain drug-free. Requires twice-weekly drug testing and sanctions for failing to meet program requirements. Drug treatment may be residential or out-patient.
STET Docket:
Offered to defendants charged with unlawful entry. Requires defendant to stay away from the area at issue for nine months.
Angels/Project Power:
Offered to defendants charged with offering to perform a sexual act in return for money. Both residential and out-patient
drug treatment is available, followed by counseling
and classes addressing prostitution-related
issues.
Helping Individual Prostitutes Survive (HIPS):
Offered to gay, lesbian, or transgendered defendants charged with offering to perform a sexual act in return for money.
John School:
Offered to persons charged with seeking to pay someone to perform sexual acts for money. Defendants must pay for and complete a one day educational
program.
Mental Health Diversion Court:
Offered to defendants, generally those charged with non-violent offenses, who are diagnosed with and receiving treatment for mental health issues.
Mediation:
Offered to defendants charged with simple assault or destruction of property, when the complaining witness (victim) and the defendant have an on-going relationship and the complaining witness agrees to meet with the defendant to try to resolve the matter without going to trial.