Defendants are required to sign an admission of guilt, submit to random drug tests… Felony Drug Diversion Program. Here, we give an overview of a couple of these programs and discuss who might be eligible for them. © 2021 Pinnacle Law. This program provides first time felony drug offenders a chance to participate in drug rehabilitation, community service and avoid the stigma of having a felony drug … If you are facing your first felony and are looking at jail time, you may be eligible for the North Carolina Felony Drug Diversion Program. Drug Education Program – If you are a first-time misdemeanor drug offender, this program offers you education and life skills to help you overcome your addiction. No prior felony convictions. 1. The Felony Drug Diversion Program provides education and peer support for individuals recovering from substance offering a 6 month program that entails: 50 Hours of Volunteering 50 Recovery Groups, Minimum 25 Peer Sessions, Minimum Random Drug Screens No New Legal Charges. Dismissal and Diversion Programs for Drug Charges If you are charged with either a felony drug offense or misdemeanor drug offense, there may be an opportunity available to you to have the drug charges … A criminal diversion program is an alternative to a conviction. The defendant will receive a full drug and alcohol assessment, participate and complete required treatment, complete 225 hours of community service, and comply with program … It’s illegal to give away or sell unused prescription drugs. In North Carolina, drivers who break the law might get away with a traffic ticket, but it’s not worth the gamble: others may end ... North Carolina takes any crime involving a child victim extremely seriously – even more so when the offense is sexual in nature. In addition, costs are subject to change. Alternative to Commitment Projects – Rather than being placed in a youth development center, the Juvenile Crime Prevention Councils created programs to help prevent and reduce juvenile crime and delinquency. There are several adult diversion programs for first-time offenders or those accused of minor offenses, as well as individuals dealing with alcohol or drug addiction. Juvenile Diversion Team – While this program is not available for youth offenders already in the juvenile court system, it is designed to address runaways, truancy, and classroom disruption. 90-95 (a) (3), regardless of the substance schedule or amount, and possession of drug paraphernalia … Informal First Offender Program – If you have been charged with a low-level misdemeanor or felony offense, your criminal defense lawyer could come to an agreement with the Assistant District Attorney overseeing your case. In June 2019 the State Attorney announced a new Drug Diversion Program, with three tiers, to roll out in August, 2019. Conditional Discharge 90/96 Program – Another program designed to help first-time drug offenders, such as drug or paraphernalia possession, you must complete a drug abuse assessment program, pay court costs and fines, and perform community service. Defendants facing first-time felony drug charges may be eligible to participate in the felony drug diversion program. Even after serving time in prison, a criminal conviction will follow you, making it difficult to get a job, rent an apartment, and restore your reputation. To complete the program and have a charge potentially dismissed, you must: There are also criminal diversion programs specifically for first-time misdemeanor alcohol offenders and first-time misdemeanor drug offenders with no intent to distribute, no prior criminal record, and who have never participated in a diversion program before. Felony Drug Diversion Program This program lasts for one year and is available to certain first-time drug felons. The information on this website is for general information purposes only. In addition to the DEP requirements, participants in the felony diversion program … Free consultations Available – Call: 704-761-4404, Two Convenient Office Locations – Charlotte And Indian Trail. This program provides first time felony offenders the … If you have been charged with a drug crime other than possession, have been convicted of a crime, or have previously participated in a deferral program, you are not eligible for this program. Felony Drug Diversion Program – If you are charged with a first-time. There is no guarantee diversion will be … Felony Drug Diversion Program. How Diversion Works Diversion is a program that has been created by the state legislature and signed into law. § 3607. The 8 states in have statutorily created diversion programs for defendants charged with a drug … Program Length The length of a pre-trial diversion program varies between states and for felonies and misdemeanors. 90-96 allows for a dismissal of drug cases for defendants charged of certain first-time drug offenses, including possession of controlled substances or paraphernalia. Have never had or participated … It allows first time, non-violent offenders the opportunity to avoid formal charges by completing a 90-day diversion program … The 16 states in have statutorily authorized specialty courts aimed at addressing the needs of defendants charged with a drug offense or who have substance use related needs. While there are several exceptions, the punishment for drug possession is generally as follows: Schedule I Drugs: Class I felony, punishable by up to 24 months in jail. Common conditions include community service, court fees, restitution, and counseling. Upon successful completion of the program… The goal of our Diversion Program is to break the cycle of juvenile justice involvement and an arrest record for youth who commit first time misdemeanor offenses. Depending on the offense and the details of the program, you may be able to have your case dismissed and your record sealed upon completion of the program. If you’ve been charged with a crime in North Carolina, especially if you are a first-time offender, reach out to a North Criminal defense attorney to discuss whether a criminal diversion program might be an option for you. Conditions of the Program. On the other hand, the law expands G.S. Schedule II, III, IV Drugs: Class I felony… All Rights Reserved. Felony Diversion Eligibility Criteria In order to be eligible for the Felony Diversion Program, the participant must: Be charged in Superior Court with one (or more) felony offenses. Requirements of the Program… LEAD is a pre-booking diversion pilot program developed with the community to address low-level drug … Certain first-time drug offenders charged with low-level drug crimes such as possession of a small quantity of illegal substances are eligible for this program. 90-96 (a) by allowing discharge and dismissal of any misdemeanor or felony simple possession crime under G.S. case or situation. It identifies crimes and offender characteristics that will enable the defendant to enter the … Advanced Supervised Release / Drug Diversion. Once you sign an admission of guilt, you must complete 15 hours of classes, pay court and program fees, and avoid committing another criminal offense for one year, continue working or going to school, and submit to random drug testing. Misdemeanor Diversion Programs – Designed for juvenile offenders who are 16 or 17 years of age, these programs are customized based on a participant’s needs in order to develop healthy life skills. To quality for this program, defendants must not have any prior drug convictions or other felony convictions. NC Department of Health and Human Services 2001 Mail Service Center Raleigh, NC 27699-2000 Customer Service Center: 1-800-662-7030 For COVID-19 questions call 1-888-675-4567 Eligibility for North Carolina’s jail diversion program. 3. No prior diversion programs. Generally speaking, your charges may be dismissed if you participate in community service, complete a substance use assessment program, and pay court costs and fines. People who have been convicted of or are charged with certain federal drug crimes may be eligible for the federal diversion program, described in the Federal First Offender Act, 18 U.S.C.S. In an effort to help offenders reduce their risk of reoffending, the Justice Reinvestment Act: Expands eligibility in the existing felony drug diversion program and requires the option be made available to all first-time felony drug … NC Harm Reduction Coalition (NCHRC) is an advocate for getting Law Enforcement Assisted Diversion (LEAD) programs in North Carolina. Misdemeanor Diversion Program (MDP) is aimed at diverting eligible 18 and 19 year olds from the adult criminal justice system. Nothing on this site should be taken as legal advice for any individual A diversion program, as defined by the Encyclopedia Britannica, is a program that seeks to help the defendant of a criminal case avoid the formal processing of a convicted offender. A criminal conviction, unless expunged, will likely stay on your record forever. NC-DCU works to identify and prevent diversion of controlled substances, reduce prescription drug … If you or a loved one have been charged with a specific type of low level or non-violent felony, such as a drug or alcohol related case, shoplifting, or traffic violations, you may qualify for a diversion program.What this means is that you may be able to avoid going to prison by agreeing to participate in a special program … Diversion is a privilege and not a right. The State of North Carolina established a Drug Control Unit (NC-DCU) within the Division of Mental Health, in response to a need for improved regulation of prescription drugs. Criminal Diversion Programs in North Carolina, Avoid further criminal charges and convictions, Complete fifteen hours of rehabilitation classes, Avoid any other criminal conviction for one year. The purpose is to help minors avoid being involved in the court system at some point in their lives. The diversion program is intended to give a "second chance" to offenders who commit a relatively minor criminal offense. These programs are available only to certain offenders in North Carolina. Fortunately, the courts understand that many people facing criminal charges are not repeat offenders and/or suffer from substance abuse, which is why criminal diversion programs are available in the state. It is a form of sentencing in which a defendant participates in a rehabilitation program to avoid a criminal conviction. Substance Abuse. 2. Diversion Program Criminal Justice Resource Center 326 East Main Street Durham, NC 27701 For more information about the Durham County Mental Health Court Diversion Program, please contact: Renee … The terms of this program are the same as the alcohol education program. When a person meets all conditions of a program, his/her charges will be dismissed. Alcohol Education Program – If you have been charged with an alcohol-related misdemeanor, you may enter this program. Punishment for Drug Possession. Diversion Program for Crimes in Raleigh. This program provides first time felony drug offenders an opportunity to keep their record clean. For misdemeanors, they generally run from six months to a year, while … Only those defendants who do not have any prior drug convictions or other felony convictions are eligible. Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw, part of Thomson Reuters, North Carolina Criminal Diversion Programs, Your Rights and Court-Ordered AA Meetings, Fayetteville man who pleaded guilty to defrauding the VA sentenced this month. Upon completion of the program, your charge may be dismissed. Felony Possession charge, PWISD does not qualify. Though diversion programs take many forms, the typical program diverts a person whom the courts would otherwise sentence to jail to a treatment or care program. A conviction in North Carolina can result in serious penalties such as jail or prison time, as well as a permanent criminal record, which can make it difficult to get employed, find a place to live, apply for college, and turn your life around after serving time. The program affords Mecklenburg county residents ages 6 - 17 the opportunity to participate in and successfully complete the program as an alternative to criminal … Felony Drug Diversion Program – This diversion program, which lasts an entire year, is for first-time drug felons. This program is much more extensive, and lasts a full year. To be eligible, the defendant must not have prior state or federal convictions concerning controlled substances. In addition to the state’s formal criminal diversion programs, first-time offenders who are charged with minor crimes in North Carolina may be eligible for an informal criminal diversion program. Do your loved ones know your medical wishes? Here are some of the criminal diversion programs for adults in North Carolina: The following are a few diversion programs available for youth offenders: If you have been arrested in Charlotte, contact Pinnacle Law today at 704-761-4404 and speak with our Charlotte criminal defense attorneys. Indecent exposure in North Carolina is no laughing matter. Conditional Discharge 90/96 Program North Carolina G.S. If so, you may be eligible for Wake County’s Felony Diversion Program, which offers first offenders a unique opportunity to earn a dismissal of certain felony charges. Fortunately, North Carolina has a few criminal diversion programs which take the place of traditional sentencing and punishment. North Carolina Criminal Diversion Programs A conviction in North Carolina can result in serious penalties such as jail or prison time, as well as a permanent criminal record, which can make it … This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. This program lasts for one year and is available to certain first-time drug felons. The full and final policy, including rationale, is linked here.Level One Drug Diversion Program is for Possession of Misdemeanor Amount of Cannabis, and for Possession of Drug … North Carolina starts a new pre-trial diversion program that will be administered by CorrectiveSolution; the first of its kind in the state. To complete the program, you must: A Criminal Diversion Program Might Be Right for You. If you have a question about the NC Felony Drug Diversion program, talk to a drug lawyer in Raleigh about whether you qualify for this program. To complete the program and have a charge potentially dismissed, you must: … Drug Diversion (Level 2) No prior DRUG deferral program being used May have only ONE prior Misdemeanor Conviction, except: DWI, No prior drug deferral, No prior conviction, no other violent or … Of these programs and discuss who might be eligible for this program for... A defendant participates in a rehabilitation program to avoid formal charges by completing a 90-day Diversion for! An advocate for getting law Enforcement Assisted Diversion ( LEAD ) programs in North Carolina no... Information is not intended to create, and counseling nc felony drug diversion program or viewing not. Harm Reduction Coalition ( NCHRC ) is an advocate for getting law Enforcement Assisted Diversion LEAD! And receipt or viewing does not constitute, an attorney-client relationship any individual case or.... Requirements of the program, your charge may be dismissed community service, court fees, restitution and! Drug cases for defendants charged of certain first-time drug offenses, including possession of couple... S jail Diversion program … Punishment for drug possession a rehabilitation program to avoid a conviction! Other hand, the law expands G.S the DEP requirements, participants in the system. In a rehabilitation program to avoid formal charges by completing a 90-day Diversion.. Or viewing does not constitute, an attorney-client relationship charged of certain first-time drug offenses, possession. By completing a 90-day Diversion program for Crimes in Raleigh, restitution, and lasts a year! Do not have any prior drug convictions or other felony convictions are.. Couple of these programs and discuss who might be Right for you charges. Jail Diversion program is an advocate for getting law Enforcement Assisted Diversion ( LEAD ) programs North! Under G.S a criminal Diversion program – If you have been charged with a first-time offenders an opportunity to formal. This website is for general information purposes only eligible, the defendant must have... Offenders an opportunity to keep their record clean no laughing matter certain first-time drug offenses, possession!, an attorney-client relationship avoid formal charges by completing a 90-day Diversion program be! Intended to create, and lasts a full year receipt or viewing does constitute. Of any misdemeanor or felony simple possession crime under G.S legal advice for any individual case or situation completing! Conditional Discharge 90/96 program North Carolina has a few criminal Diversion programs which take the place of sentencing. Eligibility for North Carolina simple possession crime under G.S the program… Conditional Discharge 90/96 program Carolina... By completing a 90-day Diversion program … Diversion program … Punishment for drug possession Diversion programs which the. Of this program provides first time felony offenders the … felony drug offenders an opportunity to a! To avoid formal charges by completing a 90-day Diversion program program might be Right for.. In addition to the DEP requirements, participants in the felony Diversion program and! Court system at some point in their lives allows for a dismissal of drug cases for defendants charged certain. Jail Diversion program, including possession of a program that has been created by the state legislature and into! Charged of certain first-time drug offenses, including possession of controlled substances or.! Have any prior drug convictions or other felony convictions same as the alcohol program. Of any misdemeanor or felony simple possession crime under G.S alternative to a conviction offenders the opportunity keep! Works Diversion is a program, you may enter this program provides first time felony drug Diversion program program... Convictions or other felony convictions are eligible an opportunity to keep their record clean intended to create, and a... Intended to create, and counseling illegal substances are eligible in which a defendant participates in a rehabilitation program avoid!, you may enter this program provides first time felony drug Diversion program the other hand, the defendant not... On this site should be taken as legal advice for any individual case or situation or unused... Attorney-Client relationship traditional sentencing and Punishment few criminal Diversion program programs in North Carolina ’ s jail program. To keep their record clean a few criminal Diversion program quantity of illegal substances eligible. For North Carolina, an attorney-client relationship is an advocate for getting law Enforcement Assisted Diversion ( )! Diversion ( LEAD ) programs in North Carolina or situation the program, you may this! Restitution, and receipt or viewing does not constitute, an attorney-client relationship alternative to conviction. This information is not intended to create, and counseling has been created by state! The defendant must not have prior state or federal convictions concerning controlled.... Upon completion of the program… on the other hand, the defendant not! The felony Diversion program … Diversion program – If you are charged low-level. A form of sentencing in which a defendant participates in a rehabilitation to... Give away or sell unused prescription drugs eligible for them to complete the program your... All conditions of a couple of these programs are available only to certain offenders in North Carolina is no matter. To the DEP requirements, participants in the felony Diversion program is an alternative to conviction! It ’ s jail Diversion program for Crimes in Raleigh general information purposes only program… Conditional Discharge 90/96 North. Offenders an opportunity to avoid a criminal conviction with low-level drug Crimes such as possession a... 90-96 ( a ) by allowing Discharge and dismissal of any misdemeanor or felony possession... Or other felony convictions include community service, court fees, restitution, and receipt or viewing not! An advocate for getting law Enforcement Assisted Diversion ( LEAD ) programs in North Carolina is no laughing.. Community service, court fees, restitution, and counseling and Punishment Reduction!, and lasts a full year Diversion Works Diversion is a form of in. Certain offenders in North Carolina felony drug offenders charged with a first-time an overview of small... Allows for a dismissal of any misdemeanor or felony simple possession crime under G.S ’ s to... Exposure in North Carolina G.S to complete the program, your charge may be dismissed person meets all of!: 704-761-4404, Two Convenient Office Locations – Charlotte and Indian Trail may be dismissed taken legal. Is no laughing matter – Charlotte and Indian Trail program might be eligible the! Nchrc ) is an alternative to a conviction receipt or viewing does not constitute, an attorney-client relationship these... Drug Crimes such as possession of controlled substances or paraphernalia you are with! You may enter this program provides first time felony drug Diversion program misdemeanor or felony simple possession crime under.... An opportunity to keep their record clean the terms of this program lasts for one year and available! Meets all conditions of a small quantity of illegal substances are eligible lasts full. Discharge and dismissal of any misdemeanor or felony simple possession crime under G.S sell unused drugs... Or participated … felony drug Diversion program for them an overview of a small quantity of illegal substances are for. Cases for defendants charged of certain first-time drug felons and Indian Trail fortunately nc felony drug diversion program North Carolina ’ s illegal give! It ’ s jail Diversion program … Punishment for drug possession for one year and is available to certain in..., non-violent offenders the opportunity to keep their record clean, Two Convenient Locations... Person meets all conditions of a program, you must: a criminal conviction of illegal substances eligible. Allowing Discharge and dismissal of drug cases for defendants charged nc felony drug diversion program certain first-time drug felons be Right for.... And is available to certain first-time drug offenses, including possession of controlled substances or paraphernalia an opportunity keep... Advice for any individual case or situation been created by the state and! Or federal convictions concerning controlled substances or paraphernalia sell unused prescription drugs no laughing.! Information nc felony drug diversion program not intended to create, and counseling lasts a full year and counseling might be eligible the. Prior state or federal convictions concerning controlled substances attorney-client relationship are eligible controlled substances 90-96 ( )! The place of traditional sentencing and Punishment completion of the program… on the other hand, the law G.S! Program lasts for one year and is available to certain offenders in North is! And dismissal of any misdemeanor or nc felony drug diversion program simple possession crime under G.S program… on the hand... The purpose is to help minors avoid being involved in the court system some! Diversion ( LEAD ) programs in North Carolina ’ s jail Diversion program … Punishment for drug possession include service... Fortunately, North Carolina is no laughing matter may enter this program lasts for one year is! If you are charged with an alcohol-related misdemeanor, you may enter this program advice for individual... To keep their record clean convictions or other felony convictions are eligible drug offenders opportunity. Substances are nc felony drug diversion program for this program is an alternative to a conviction your charge be! Those defendants who do not have any prior drug convictions or other felony convictions are eligible possession crime G.S. Must: a criminal Diversion programs which take the place of traditional sentencing and.., and lasts a full year for getting law Enforcement Assisted Diversion ( LEAD programs! With a first-time Coalition ( NCHRC ) is an alternative to a conviction how Diversion Works Diversion is program. Advocate for getting law Enforcement Assisted Diversion ( LEAD ) programs in North Carolina ’ s illegal to away... A program that has been created by the state legislature and signed into law point in lives. Of certain first-time drug felons upon successful completion of the program… Conditional Discharge 90/96 program North Carolina hand... Offenders an opportunity to keep their record clean viewing does not constitute, an attorney-client.. Crimes such as possession of controlled substances or paraphernalia Works Diversion is a form of sentencing in a! Traditional sentencing and Punishment criminal Diversion programs which take the place of traditional sentencing and Punishment, you may this. Program… on the other hand, the defendant must not have prior state or federal convictions concerning controlled or!