DRUG DIVERSION

DRUG DIVERSION

  • Diversion is a way for you to clear your record of this drug charge. Whether or not this charge is
    dismissed is COMPLETELY up to YOU.
  • If you accept the offer of diversion, you will be required to make every court appearance, pay necessary fees and costs, and complete an outpatient counseling program, which meets every week for about three months. You cannot test dirty or pick up any new law violations within the next 1 ½ years.
  • If you accept diversion, you are giving up your rights to fight this case at the preliminary hearing or at a
    jury trial. You will be giving up any right to negotiate a guaranteed sentence if you fall out of Diversion.
  • Falling out of the program could be as easy as having a personal disagreement with another member or
    a counselor at the program or even as minor as not paying the fees on time.
  • If you do run into problems, either enrolling or completing diversion, contact The Law Offices of
    Joseph P. Smith immediately. We may be able to help.

WHAT HAPPENS IF YOU COMPLETE DIVERSION SUCCESSFULLY…
The charges against you are dismissed. You will have no felony conviction on your record.
WHAT HAPPENS IF YOU FALL OUT OF DIVERSION…

  • A felony charge may remain on your record for the rest of your life.
  • You may be on 3 years of formal probation, with a formal probation officer to report to monthly,
    search and seizure terms, you will have to test, pay costs of probation, along with many other terms
    and conditions.
  • If you violate probation (e.g. a dirty test, failure to report), you can be sentenced to prison.
  • If you are not a citizen, this drug-related charge will likely make it exceedingly difficult, if not
  • impossible,  for you to get citizenship, or even remain in the United States.
  • You may be sentenced to at least 90 days jail.

Remember, this is your one and only chance to get this felony OFF your record. You should make
all payments and all court dates your FIRST priority. Sacrifice other areas to have the money to
pay for the diversion program or to get to court.

  • If you are out of custody, go to the Probation Department NOW to get a list of programs.
  • If you are in custody, go to the Probation Department in the Westminster courthouse, 2nd floor,
    the day after you get out of jail, to get a list of programs.