Possession Of A Firearm/Weapon In A Prohibited Area

Program Description

This diversion program is for defendants facing Possession of a Firearm/Weapon in a Prohibited Area charges. The State will perform a risk/assessment analysis to determine which diversion level, if any, is appropriate for a defendant.

Program Requirements

Most non-violent misdemeanor and third-degree felonies with no aggravating factors and no requirement to pay restitution are eligible for Early Resolution Diversion (ERD). Defendants can apply for ERD after their arrest or after a Notice to Appear or criminal citation is issued until their first pretrial conference.

Diversion-eligible defendants approved for this ERD program will be required to:

  • Apply for ERD via the Advent eLearning website
  • Waive speedy trial
  • Complete firearms responsibility course
  • Complete 20 community service hours
  • Pay $100 program fee
  • Proof of paying TSA fine for cases at the airport
  • Pay course fees, if applicable

Most non-violent misdemeanor and third-degree felonies with no aggravating factors and no requirement to pay restitution are eligible for Early Resolution Diversion (ERD). ERD is available after a defendant’s arrest or after a Notice to Appear or criminal citation is issued until their first pretrial conference.

Diversion-eligible defendants approved for this ERD program will be required to:

  • Waive speedy trial
  • Complete firearms responsibility course
  • Complete 20 community service hours
  • Pay $100 program fee
  • Proof of paying TSA fine for cases at the airport
  • Pay course fees, if applicable

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ERD Program Completion Or Failure To Complete

When a defendant successfully fulfills the terms and conditions of their ERD agreement, the State will dismiss the charges against the defendant.

If the State finds at the termination of the diversion period or any time before the termination of the diversion period that the defendant has failed to fulfill the terms of the specific diversion agreement or probable cause has been found the defendant has violated the law, the State will inform the court and prosecution will resume.