After all, most people appreciate the importance of second chances. Moreover, and this is what gives the defendant some leverage, the government does not have anywhere close to the resources that would be necessary to prosecute every single offense to the full extent of the law. If, for example, every single defendant charged with a minor misdemeanor exercised her constitutional right to trial, the whole system would shut down.
This is where diversion programs for first-time offenders enter into the equation; such programs benefit both sides. The defendant comes out of the whole experience without a conviction on her record. And the government avoids the hassle and expense of preparing for trial. Described below is a continuum of diversion programs that are available to first-time offenders in D.
In filling out the police report, the officer will typically include the criminal offense he or she thinks is merited based on the facts of the incident that led to the arrest. The prosecutor decides first whether or not to paper the case at all. These are the cases that are called out first on the day of the arraignment. In cases in which the government decides to institute formal charges, the next challenge for the papering prosecutor is to determine the appropriate charges.
The prosecutor might decide, for example, that a criminal offense originally written up in the police report as a burglary should really be the lesser included offense of unlawful entry.
Unlawful entry is a misdemeanor instead of a felony. If the defendant succeeds in staying out of trouble during this period, the charges will be dismissed. If, on the other hand, the defendant is arrested on probable cause on a new charge during, the government will prosecute the defendant on the new charge. The next option along the continuum of diversion programs for first-time offenders is called a deferred prosecution agreement DPA.
A DPA is similar to a stet docket in that the prosecution of charges is delayed for a period of time, typically four to six months. The difference is that with a DPA the defendant will typically perform an agreed-upon set of conditions, which normally includes community service.
If the defendant successfully completes all the conditions of the DPA within the agreed-upon timeframe, the government will dismiss the charges, and the accused will emerge from the prosecution without a conviction on his or her record.
If, on the other hand, the defendant fails to abide by the terms of the DPA, then the defendant is back in the same position he or she was in prior to entering into the DPA — that is, facing criminal charges. The court, however, does not enter the guilty plea into the record. If the defendant completes all of the conditions successfully during the agreed-upon time frame, the court will permit the defendant to withdraw his or her guilty plea and the government will dismiss the charges.
Note: In every instance in which a defendant has successfully completed a diversion program, the defendant should consult a lawyer about having his or her criminal record sealed. Covid update : Along with most other criminal matters pending before D. Superior Court, hearings related to DPAs, DSAs, and other types of diversion have been postponed, many into , because of the pandemic. These services may include.
ACE also saves money. Probation, incarceration or residential placement costs considerably more. Juvenile Diversion Program. These services may include Individual and family therapy.
Mental-health treatment. School support. What are the benefits of ACE?
0コメント