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I was arrested for simple possession of cocaine. Is there a way to avoid this conviction?
Many states now have drug diversion programs. Some states even have special court divisions just for first time drug offenders, with the goal of avoiding a conviction and counseling and treating people so they can avoid drug problems. If an individual is charged with simple possession of narcotics, he or she may qualify. Typically, it does not apply to sale or distribution of drugs. It also must be the individual's first offense, and he cannot have been subject to a diversion program before. It involves probation, drug counseling, possible community service and sometimes the loss of your driver's license. You may receive a restricted license under the program for work, medical, education and several other purposes. Whether or not you should enter into the diversion program should be discussed very carefully with a lawyer.
Should you not complete the program you could have a conviction and be subject to serving the suspended sentence in addition to its having an effect on a number of your civil rights. This is a considerable issue if you had a good defense to the charge. Some jurisdictions allow diversion without entering a guilty plea to anything. Others require you to plead guilty, but no criminal conviction results if you complete the program successfully. Under the latter scenario, you give up any good legal defenses to the charge.
(Updated August 30, 2007) |
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