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Drug Crimes FAQs

What are drug-related diversion programs?

People who have a drug problem, not sellers who are trying to profit from drug sales, can choose to use the drug diversion court. They screen you, they look at the type of history you have, and then there’s an interview with a psychologist or a drug counselor, find out what the extent of your problem is, and whether you really want to get help.

As your defense attorney, we can assist you in how to answer those questions and what to do. If you are accepted and complete the program, they will usually dismiss and seal your case, and they will give you the option of sealing up to 3 previous misdemeanors.

Somebody who has a drug history over the last 5 years can actually wipe their slate clean to some extent by going into one of these drug diversion courts.

You really do need the help of an attorney to get into a drug-related diversion program primarily because you have to appear in court. If you don’t get the drug diversion program, you are likely to be looking at a felony charge. While you are in the drug diversion program you talk to the staff about your drug history. An attorney can help sign an agreement, which says that any of the questions you answer are for treatment purposes only and will not be used against you in any later proceedings


The diversion program usually takes around 18 months.  A lot of that can be done in an outpatient sober house after you’ve completed your initial phase of drug treatment program. You’d be allowed to work, you’d be allowed to visit, it’s not a lock-down kind of program, but you have to go through the initial phase first which may include an inpatient phase. It may include an intense outpatient phase of 3 or 4 days a week. Then as you graduate through the different phases, it becomes less and less time, allowing you to lead more of a normal life on the outside.

Most people want to enroll in the diversion program, because they want the help.

It is important to mention that attending the diversion program will also help someone help him or herself, as opposed to just being convicted and being on probation or doing jail time. Those options will not cure you of whatever habit you have.

There are also diversion programs for kids under the age of 18. 

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