Cary/Durham/Raleigh criminal defense lawyer/attorney comments on drug diversion programs.
Like many states, North Carolina and in particularly Wake County and Durham County, offer first time drug offenders the opportunity to participate in what’s known as a drug diversion program. In essence, those defendants who meet certain requirements can ultimately have drug charges against them dismissed so long as they follow certain guidelines.
First and foremost, the defendant must not have any previous drug convictions or have previously participated in any deferral programs (a prior criminal record can, in certain, instances disqualify a defendant from participation in the program). Next, the defendant must not have been in possession of more than a small amount of the illegal substance. For instance, a possession charge of 3 grams or more of cocaine, 4 ounces or more of marijuana, or 100 doses or more of an illegal prescription charge will usually disqualify an individual from participation. In addition, any evidence of distribution — even if the amount of possession is relatively low — will usually bar participation in a drug diversion program.
Finally, after entering such a program, a defendant is required to follow certain program regulations. Usually these regulations include signing an admission of guilt, complete community service, receive a drug assessment and follow treatment guidelines, remain employed or in school, and not receive a misdemeanor or felony conviction while on the program.
At the end of the (typically) one-year program, if all of the program guidelines are successfully completed the defendant can return to court and the drug charges will be dismissed!
