Every county prosecutor has his or her way of handling low level drug offenses. By low level offenses, I am referring to, for example, cases where the police find a baggy with a little bit of heroin residue in the back seat of a car, or perhaps a pipe with methamphetamine residue. While the possession of any amount of such drug is a felony, prosecutors typically have alternative programs for such offenses. It appears that the Stevens County Prosecutor is beginning a new diversion program that would include cases such as this. The program is not limited to low level drug offense. It also appears to include drug-related misdemeanors and driving while suspended charges. Based on early versions documentation that I received as part of a public records request, it appears the duration of the program varies from 3 to 12 months.  As part of the program, the prosecutor agrees not to file charges against an individual on the condition that he or she follows one or more of the following rules:

• Report monthly to the diversion counselor.
• Attempt to obtain employment.
• Pay restitution.
• Pay a diversion fee.
• Take random UA tests for drugs.
• Obey all laws.
• Take mental health or drug abuse classes.

How the program works, is if you complete all the requirements then you will never be charged with the offense and it does not appear on your record. It also appears that the prosecutors could offer diversion after the charge has been officially filed.  This is called a “post-filing” diversion as opposed to “pre-filing” diversion.

A sample copy of a diversion contract is attached here.  For more information, please contact our office.