Marijuana Diversion Program Requirements

(Source: Marijuana Diversion Program Requirements)

JOHNSON COUNTY ATTORNEY’S
DIVERSION PROGRAM REQUIREMENTS

            You have been charged with Possession of Marijuana. If you are convicted, you may be sentenced to a minimum of 2 days in jail, with a maximum sentence of six months in jail; you may be fined from $315-$1000, plus court costs and surcharges; and you will have your driver’s license or privilege revoked for 180 days. In addition, a drug conviction may render you ineligible for financial aid or have other collateral consequences. In lieu of a conviction, you may be eligible to receive a deferred judgment, which could result in the charge being expunged after a period of probation.

If this is your first offense, you may be eligible for the Johnson County Attorney’s Office Diversion Program. The Johnson County Attorney’s Office (JCAO) has complete discretion as to your participation in the program. To participate in the program, you must attend your arraignment in person. DO NOT FILE A WRITTEN ARRAIGNMENT. A written arraignment will result in your case being set for trial and you will not be in the diversion program. Your arraignment date and your eligibility can be found in your Trial Information or on Iowa Courts Online at http://www.iowacourts.state.ia.us. If you are represented by an attorney, please contact him or her immediately to discuss whether you may be eligible for diversion, and whether participation is in your best interest. You may request a court appointed attorney to represent you if you cannot afford an attorney. You do not have to have an attorney to participate; however, the JCAO cannot provide you with legal advice.

If you are accepted, you will have to do ALL of the following within 120 days:

1. Attend your arraignment date
2. At the arraignment, complete the Application and discuss it with the JCAO representative
3. At the arraignment, sign the Diversion Agreement, waive your speedy trial rights (and your right to be represented by an attorney, if you so choose), and resolve with us any related simple misdemeanor charges as part of the agreement, including agreeing to plead guilty to some or all of the related simple misdemeanor charges
4. Complete and pay for an approved substance abuse evaluation and treatment program listed on the other side of this sheet
5. Provide a clean urinalysis from an approved provider to prove that you are drug-free
6. Pay in advance all court costs associated with the filing and dismissal of your case
7. Provide proof, in writing, that you completed all requirements to JCAO by your second arraignment date

Participation in Diversion is an excellent opportunity to avoid a drug conviction that can result in a jail sentence, fines and surcharges, loss of your driving privileges, and ineligibility for student financial aid. Because it is a privilege, only participants who complete all program requirements on time will be successful. Please note:

• No extensions of time will be granted for any reason. If you fail to complete your requirements on time, you will be terminated from the Diversion Program.
• If you fail to complete any program requirements, or fail to provide proof of completion, you will be terminated from the Diversion Program.
• If you are charged with a crime while participating in the program, other than a traffic ticket, you will be terminated from the Diversion Program.

            The JCAO will review your case after 90 days upon request. Successful completion will result in dismissal of the charge and cancellation of the 2^nd arraignment. Termination from the Diversion Program will result in your case being set for arraignment at the 2^nd arraignment date. You must appear unless a written arraignment is filed. Your case will then be set for trial. If you do not appear at your 2^nd arraignment date, and the JCAO does not have proof of completion in our file, a warrant will issue for your arrest.

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At arraignment, sign the Diversion Agreement. The following must be completed within 120 days and prior to your second arraignment:

• Complete and pay for an approved substance abuse evaluation and treatment
• program.
• Provide proof of an observed clean urinalysis from an approved provider.
• Pay in advance all court costs associated with your case which is $100.00.
•  If you have a paraphernalia charge, there is an additional $60.00 in court costs.
•  No new criminal charges while in the Diversion Program.
•  Provide proof, in writing, that you have completed all the above requirements to:
  Johnson County Attorney’s Office
  ATTN: Marijuana Diversion Program
  Johnson County Courthouse
  P O Box 2450
  Iowa City IA 52244
  319/339-6100 (phone)
  319/339-6149 (fax)
  tjensen@co.johnson.ia.us

APPROVED PROVIDERS FOR
JCAO MARIJUANA DIVERSION PROGRAM

MECCA

430 Southgate Ave
Iowa City IA 52240
319/351-4357

St. Lukes Hospital/IA Health System

1026 A Ave NE
Cedar Rapids IA 52406
319/369-721

Health Iowa/Student Health Services

The University of Iowa
4189 Westlawn South
Iowa City IA 52242
319/351-9760

Resolutions Substance Abuse Services

220 Lafayette St
Iowa City IA 52240
319/335-8394