State Attorney Andrew A, Bain Ninth Judicial Circuit
State Attorney Andrew A, Bain Ninth Judicial Circuit

Resisting Officer Without Violence

Program Description

This diversion program is for defendants facing Resisting an Officer without Violence charges. This program is designed to educate defendants on their civic responsibility and duty to obey our laws and to de-escalate conflict with law enforcement in the same way that law enforcement officials must be courteous to citizens and obedient to the law.

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
  • Obtain victim consent
  • Waive speedy trial
  • Complete life skills course (SAO9 custom de-escalation training coming soon)
  • Complete 20 community service hours
  • Pay $100 program fee
  • Pay course fees, if applicable
  • Apology Letter

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:

  • Apply for ERD via the Advent eLearning website
  • Obtain victim consent
  • Waive speedy trial
  • Complete life skills course (SAO9 custom de-escalation training coming soon)
  • Complete 20 community service hours
  • Pay $100 program fee
  • Pay course fees, if applicable
  • Apology Letter

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:

  • Obtain victim consent
  • Waive speedy trial
  • Complete life skills course (SAO9 custom de-escalation training coming soon)
  • Complete 20 community service hours
  • Pay $100 program fee
  • Pay course fees, if applicable
  • Apology Letter

Apply Now

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.

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Office Of The State Attorney
9th Judicial Circuit

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