Getting arrested is never fun and it can be especially terrifying for a person who’s never been in any real trouble with the law in the past. At Law Office of Michael L. Fell, we’ve helped many clients charged with a wide array of charges. One of those is drug crimes. These crimes in particular can be complicated because in some cases, they’re related to a health epidemic that’s hitting the nation hard: Addiction.
Some judges, lawmakers, and prosecutors agree and don’t think that someone who’s arrested for a drug offense should necessarily be sent to jail for the next ten years of their life. As a result, they have introduced drug diversion programs. But is this the right choice for you and your charge? It depends on a variety of factors. Read on to learn more about drug diversion and then contact us at (949) 585-9055 for your free case evaluation.
Technically it’s called a “Deferred Entry of Judgment
There are a lot of misconceptions about drug diversion programs. First, it doesn’t just erase the charges you’re facing, as some people believe. Instead, it’s what’s known as a “Deferred Entry of Judgment.” Basically, this is a diversion program that’s setup for people who are arrested for the first time and are facing low-level charges. It’s often the choice of a prosecutor who’s charging a college student.
It doesn’t always work the same way
When an alleged drug defendant is allowed to participate in a drug diversion program, there will be requirements but those requirements aren’t always identical. In most cases, they’ll have to complete a specific amount of community service and will need to remain trouble-free for a certain amount of time. Often, that amount of time is a year.
In many cases, they’ll also be required to go to some type of entry-level substance abuse treatment class. This is designed to teach the defendant both the dangers of drug use and some tools for ending their dependency, if applicable. This type of diversion is often offered for low level charges like possession of drug paraphernalia.
After a period of time the charge will be dismissed
Once the period of time has gone by and the requirements met, the charge will be dismissed. This does leave an arrest record but it doesn’t come with a conviction – which means it won’t affect most people’s ability to get a job.
The reason for these diversion programs is to recognize that when a person has a conviction on their record, even if it’s for a minor offense, it can be hard to get employment in the future. That said, it’s not available to everyone. First, it must be a low-level misdemeanor. In most cases, you can’t have any other criminal record.
If you’ve been arrested for a drug offense and it’s your first time being arrested, then reach out to Law Office of Michael L. Fell at (949) 585-9055 right away. In fact, even if it’s your third time being arrested this year contact us so that we can provide you the best defense option for your unique situation.