What is Criminal Justice Reform?

The Commonwealth's Attorney's Office uses diversion and problem-solving strategies to address the underlying causes of criminal behavior while promoting public safety and reducing unnecessary involvement in the criminal legal system.

Diversion allows eligible cases to be resolved outside of the traditional court process. Depending on the circumstances, individuals may participate in treatment, support services, restorative justice programs, or other interventions. Successful completion can result in reduced charges or dismissal of charges.

Alongside diversion, the office supports problem-solving approaches within the court system. These programs focus on treatment, supervision, and accountability while helping participants address challenges such as substance use, mental health needs, and other factors that may contribute to criminal behavior.

Together, these approaches aim to improve public safety, support rehabilitation, and reduce the likelihood of future involvement in the justice system.

Pre-Plea Diversion: Pre-plea diversion occurs before a defendant enters a guilty plea. Successful completion may result in charges being dismissed.

Examples include:

• OAR Diversion
• Restorative Arlington/Heart of Safety restorative justice programs
• Certain cases in the Behavioral Health Docket
• Individualized agreements in which a defendant completes treatment, services, or other requirements in exchange for dismissal of charges

Post-Plea Diversion: Post-plea diversion involves a guilty plea, but the court delays entering a judgment while the defendant completes specific requirements. Successful completion may result in reduced charges or dismissal.

Examples include:

• OAR Diversion
• Certain cases in the Behavioral Health Docket and Recovery Court
• Deferred dispositions that allow charges to be dismissed upon successful completion of treatment, programming, or other court-ordered requirements
• Cases in which a felony charge may be reduced to a misdemeanor after successful completion of program requirements

Problem-Solving Strategies: Some cases remain within the court system but use alternative approaches that emphasize treatment, accountability, and support.

Examples include:

• Recovery Court: Participants receive intensive treatment and supervision, often reducing the need for jail time.
• ACT Reconsideration: A defendant's sentence may be reconsidered after successful completion of the Addiction, Corrections, Treatment (ACT) Unit program at the Arlington Detention Facility.
• Deferred Dispositions Resulting in a Lesser Conviction: Defendants who meet certain requirements may receive a less serious conviction than originally charged.
• Suspended Sentences with Conditions: A conviction is entered, but all or part of the sentence is suspended as long as the defendant successfully completes court-ordered requirements.

The historical purpose of bail is to ensure that people accused of crime return to court to face their accusations. But cash bail often means that people with money can go free and people without money languish in jail, risking their jobs, their housing and their families. The Office of the Commonwealth's Attorney, under Parisa Dehghani-Tafti, is reforming the pretrial system so people who present a serious risk of flight or danger to the community will be held regardless of their ability to pay, and people charged with lesser offenses and assessed as lower risk will be released under conditions such as monitoring and check-ins.

Data is critical to understand how the justice system operates and how it affects the people it serves. In 2021, the Commonwealth's Attorney's Office obtained grants to update its data management systems. Data can be analyzed to show historical trends and to inform future decisions about charging, plea bargaining and sentencing. Data will be used to reduce racial disparities and improve coordination among the metro area jurisdictions.

Drug courts use the justice system as incentive to reduce personal dependence on controlled substances, and a structure of supervision to make success more likely. Commonwealth's Attorney Parisa Dehghani-Tafti is working to expand Arlington’s modest drug court. She has also developed a Behavioral Health Docket for individuals charged with misdemeanors or felonies who are suffering from serious mental illness, developmental disability or dually diagnosed if they voluntarily agree to participate in court supervised treatment and community support. The docket is designed to serve Arlington County residents and Arlington homeless involved in the Arlington General District Court.

Restorative justice is an ancient concept but a new idea in the American criminal legal system. The fundamental idea is that crime is more than simply breaking the law: it harms people, relationships, and the community.  Restorative justice focuses on repairing the harms created by criminal behavior through acceptance of responsibility. Studies have found that rates of recidivism and victim satisfaction are increased with the use of restorative techniques. The Commonwealth Attorney's Office is working with Restorative Arlington on the implementation of new uses for restorative justice in Arlington.