If the person enters into a deferred prosecution contract with the Crown and does not meet the requirements within the time limit, the Crown will not dismiss the indictment. Instead, the prosecutor`s office will resume the prosecution where it left off. The charge will resume when the prosecutor asks the prosecutor to set a new trial date and send a notice to the accused. Court intervention programs or deferred policing agreements are popular because they allow a person to avoid certain collateral consequences that are often brought to justice by the introduction of a “guilty” or “no challenge” plea. Despite the popularity of these programs, the entry of a deferred policing agreement is not suitable for everyone. They also have the right to accept a deferred prosecution agreement without a lawyer. However, the Crown is not required to provide this opportunity and not all accused qualify easily. About 22% cannot complete the program. The failure of the program is usually the result of non-compliance, non-participation in education, acceptance of new criminal complaints or positive examination of random alcohol or drug testing. In order to increase your chances of qualifying for an available program, it is important that you keep a criminal as soon as possible.

If the D.A.`s office has already decided that you don`t qualify, they often don`t change their position. The latest annual statistics from the Maricopa County District Attorney`s Office showed that of all those who participated in drug diversion programs for drug addiction, controlled substances or marijuana possession, a large majority of 77.2 percent of cases were recorded. The program includes random drug testing, assessment, training and submission. Although technically no distraction program, the best scenario in every situation where a person has been arrested is that the case will be “no paper”. It is the dismissal of the case before the charges are formally charged. Update of Covid-19: By decision of the D.C. Superior Court on April 1, 2020, the delay for all data protection authorities and other types of diversion programs continued with most other offences. In other words, the status dates have been postponed (many until 2021) and the agreements remain in force during this period. In cases where the defendant has already met the contractual conditions, the government may agree to dismiss the case in advance.

Below is a continuum of diversion programs available for first offenders in D.C. starting with the programs most beneficial to the accused. Please note that all redirection programs are offered at the discretion of the prosecutor`s office. For more information on the pros and cons of a first-time diversion program and whether you are eligible or not, please contact Jamison Koehler at 202-549-2374 or jkoehler@koehlerlaw.net. Mr. Koehler has extensive experience in developing such agreements with the government. The deferred prosecution program is defined as a contract between the accused of the offence (often negotiated with the assistance of her criminal counsel) and the Crown. Under the terms of the contract, if the terms are successfully concluded and the person has no other offences during the specified period, the fee is then waived. If a person does not successfully complete the program, the program`s superior informs the prosecutor`s office.

The prosecutor will then file a complaint to resume the prosecution`s follow-up. Both the state and the accused benefit from a deferred prosecution if the program is completed. A person must qualify for the program based on the nature of the charge, criminal history and other factors.