What is diversion in the District of Columbia?
First of all, you should always explore the options for fun, even if you think you are the most innocent person on the planet. He can control the outcome of the case. He takes control away from the government and if he completes the required course of action, his case will usually be dismissed.
So, if you come across a criminal defense attorney who says he never considers distraction for his client, don’t hire him.
In the District of Columbia there are 2 district attorney’s offices. The US Attorney’s Office for the District of Columbia prosecutes most misdemeanors and felonies. The attorney general’s office prosecutes most traffic and misdemeanor cases.
Diversion in the District of Columbia means that the US Attorney’s Office or the Attorney General’s Office will not prosecute the case if you agree to meet certain conditions. The case is diverted from prosecution for 4-6 months in which you, the defendant, agree to various conditions, such as community service, drug treatment, or mental health treatment. Some diversion options require you to plead guilty and then, after certain conditions are met, the prosecutor will allow you to withdraw your guilty plea once you have completed the agreed upon task.
Diversion options are constantly changing in the District of Columbia. You should look for an experienced attorney who knows the ins and outs of the DC Superior Court. It may not be in your best interest to hire a “top lawyer” who does not regularly practice in Superior Court because the diversion options change regularly and the notice is not publicly broadcast to the bar. Additionally, prosecutors regularly change diversion options based on the needs of the community.
In general, for a defendant to be eligible for diversion options, they cannot be convicted of or serve probation or parole for firearms offenses, sex offenses (with the exception of solicitation of prostitution), or violent felonies in the last ten years. Please note that US Attorneys and the Attorney General have full discretion and may prohibit the diversion of a person regardless of the person’s qualification based on other reasons.
Lastly, diversion can have immigration consequences, so you should find a qualified criminal attorney who is knowledgeable about immigration policies or at least consult with an immigration attorney if you have any questions.
As always, contact a lawyer to help you throughout this process.
