As an Iowa City Criminal Defense Attorney, I have found the marijuana diversion program from the Johnson County Attorney’s Office to be an excellent option for clients who qualify, as their case is dismissed upon successful completion of the program.
The Johnson County Attorney’s Office has complete discretion to determine who qualifies for the program, and takes into account factors such as the defendant’s criminal history and the circumstances of the offense.
If you are charged with possession of marijuana in Iowa City/Johnson County and qualify for the program, the following factors must be completed within 120 days from the date of your arraignment:
- You must attend the arraignment hearing IN PERSON.
- At the arraignment you need to complete the application to participate in the diversion program, sign a diversion agreement, waive your rights to a speedy trial, and resolve any related simple misdemeanor charges. A new arraignment date will be set in roughly 120 days to facilitate your participate in the program.
- You need to complete and pay for an approved substance abuse evaluation and any recommended treatment.
- You need to provide a clean urinalysis (“UA”) from an approved provider.
- You need to pay all court costs associated with the filing and dismissal of the case.
- You need to have no new criminal charges while in the diversion program.
- You need to provide proof, in writing, that you have completed all of these requirements to the Johnson County Attorney’s Office by the second arraignment date.
7 You need to provide proof, in writing, that you have completed all of these requirements to the Johnson County Attorney’s Office by the second arraignment date.
The Johnson County Attorney’s Office will then review the case after 90 days and if all requirements are met the charge will be dismissed prior to the second arraignment.
As noted earlier, as someone who practices criminal defense in Iowa City, I’ve found the program to be a wonderful choice for clients as it secures a dismissal without the expense and uncertainty of litigating an Iowa City/Johnson County possession of marijuana charge.