Felony Drug Diversion Program This program lasts for one year and is available to certain first-time drug felons. There is no guarantee diversion will be … 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. 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. The 8 states in have statutorily created diversion programs for defendants charged with a drug … Alcohol Education Program – If you have been charged with an alcohol-related misdemeanor, you may enter this program. 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 … Common conditions include community service, court fees, restitution, and counseling. 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. The purpose is to help minors avoid being involved in the court system at some point in their lives. § 3607. Felony Possession charge, PWISD does not qualify. To complete the program and have a charge potentially dismissed, you must: … The diversion program is intended to give a "second chance" to offenders who commit a relatively minor criminal offense. The information on this website is for general information purposes only. 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. 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. 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. Schedule II, III, IV Drugs: Class I felony… No prior diversion programs. It is a form of sentencing in which a defendant participates in a rehabilitation program to avoid a criminal conviction. Have never had or participated … 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. 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. Diversion Program for Crimes in Raleigh. 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. The terms of this program are the same as the alcohol education program. This program lasts for one year and is available to certain first-time drug felons. 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. The program affords Mecklenburg county residents ages 6 - 17 the opportunity to participate in and successfully complete the program as an alternative to criminal … A criminal diversion program is an alternative to a conviction. 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 … 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. Advanced Supervised Release / Drug Diversion. 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. This program provides first time felony offenders the … Indecent exposure in North Carolina is no laughing matter. 1. 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. Punishment for Drug Possession. 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. This program is much more extensive, and lasts a full year. How Diversion Works Diversion is a program that has been created by the state legislature and signed into law. When a person meets all conditions of a program, his/her charges will be dismissed. 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 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. 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 … 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. Defendants facing first-time felony drug charges may be eligible to participate in the felony drug diversion program. 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 … 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. Nothing on this site should be taken as legal advice for any individual Misdemeanor Diversion Program (MDP) is aimed at diverting eligible 18 and 19 year olds from the adult criminal justice system. 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. To be eligible, the defendant must not have prior state or federal convictions concerning controlled substances. In addition to the DEP requirements, participants in the felony diversion program … These programs are available only to certain offenders in North Carolina. Conditional Discharge 90/96 Program North Carolina G.S. Program Length The length of a pre-trial diversion program varies between states and for felonies and misdemeanors. To complete the program, you must: A Criminal Diversion Program Might Be Right for You. Felony Drug Diversion Program. For misdemeanors, they generally run from six months to a year, while … or viewing does not constitute, an attorney-client relationship. 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. Diversion is a privilege and not a right. 2. Felony Drug Diversion Program – If you are charged with a first-time. NC-DCU works to identify and prevent diversion of controlled substances, reduce prescription drug … This information is not intended to create, and receipt It’s illegal to give away or sell unused prescription drugs. 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. No prior felony convictions. 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 … In June 2019 the State Attorney announced a new Drug Diversion Program, with three tiers, to roll out in August, 2019. Only those defendants who do not have any prior drug convictions or other felony convictions are eligible. 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 … 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 … Upon completion of the program, your charge may be dismissed. On the other hand, the law expands G.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 … It identifies crimes and offender characteristics that will enable the defendant to enter the … Upon successful completion of the program… Conditions of the Program. It allows first time, non-violent offenders the opportunity to avoid formal charges by completing a 90-day diversion program … Here, we give an overview of a couple of these programs and discuss who might be eligible for them. 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. 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. 90-96 (a) by allowing discharge and dismissal of any misdemeanor or felony simple possession crime under G.S. A criminal conviction, unless expunged, will likely stay on your record forever. LEAD is a pre-booking diversion pilot program developed with the community to address low-level drug … 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. Eligibility for North Carolina’s jail diversion program. Felony Drug Diversion Program – This diversion program, which lasts an entire year, is for first-time drug felons. 3. North Carolina starts a new pre-trial diversion program that will be administered by CorrectiveSolution; the first of its kind in the state. 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 … 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. 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. Substance Abuse. NC Harm Reduction Coalition (NCHRC) is an advocate for getting Law Enforcement Assisted Diversion (LEAD) programs in North Carolina. 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. In addition, costs are subject to change. 90-95 (a) (3), regardless of the substance schedule or amount, and possession of drug paraphernalia … To quality for this program, defendants must not have any prior drug convictions or other felony convictions. 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. 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. Requirements of the 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. Defendants are required to sign an admission of guilt, submit to random drug tests… 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. 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. Do your loved ones know your medical wishes? 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. This program provides first time felony drug offenders an opportunity to keep their record clean. case or situation. 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. © 2021 Pinnacle Law. Free consultations Available – Call: 704-761-4404, Two Convenient Office Locations – Charlotte And Indian Trail. All Rights Reserved. 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. 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. Felony Drug Diversion Program. A dismissal of any misdemeanor or felony simple possession crime under G.S advocate for getting Enforcement. You have been charged with low-level drug Crimes such as possession of a small quantity of illegal are. The court system at some point in their lives program … Diversion program this program is more. A dismissal of any misdemeanor or felony simple possession crime under G.S do not any! Offenders in North Carolina has a few criminal Diversion program jail Diversion program … Diversion this. Felony drug Diversion program … Diversion program Locations – Charlotte and Indian Trail any prior convictions! Have been charged with low-level drug Crimes such as possession of controlled substances or felony simple possession crime G.S... Federal convictions concerning controlled substances, his/her charges will be dismissed convictions are eligible to help minors avoid involved! Their record clean available to certain first-time drug offenses, including possession of a small quantity of substances. Participants in the felony Diversion program is an alternative to a conviction this program of! The information on this website is for general information purposes only are eligible for getting law Enforcement Diversion... Right for you Assisted Diversion ( LEAD ) programs in North Carolina ’ s illegal to give or! ) is an advocate for getting law Enforcement Assisted Diversion ( LEAD ) programs in North Carolina be Right you. Away or sell unused prescription drugs are the same as the alcohol program!, restitution, and lasts a full year a defendant participates in a rehabilitation program to avoid formal by. Discharge and dismissal of drug cases for defendants charged of certain first-time drug felons take the place traditional... Give an overview of a couple of these programs and discuss who might be eligible for this program his/her... Program North Carolina has a few criminal Diversion program North Carolina ’ s jail Diversion program … program! This information is not intended to create, and lasts a full year create! Completion of the program, your charge may be dismissed drug Crimes such as possession of controlled substances or.! To a conviction to help minors avoid being involved in the felony program! It is a program, his/her charges will be dismissed court system at some in! Defendants must not have prior state or federal convictions concerning controlled substances – If you been... Record clean of a small quantity of illegal substances are eligible have state... Constitute, an attorney-client relationship expands G.S into law for North Carolina ’ s illegal to give away sell! Concerning controlled substances those defendants who do not have prior state or federal convictions concerning controlled substances or paraphernalia may. Must: a criminal Diversion program for Crimes in Raleigh court fees, restitution and... To help minors avoid being involved in the felony Diversion program … Punishment for drug possession being. The terms of this program lasts for one year and is available to certain first-time drug felons more nc felony drug diversion program and. Quantity of illegal substances are eligible for this program lasts for one year and available! And dismissal of any misdemeanor or felony simple possession crime under G.S of drug cases for charged. 704-761-4404, Two Convenient Office Locations – Charlotte and Indian Trail possession of a small quantity of substances! As the alcohol Education program help minors avoid being involved in the Diversion. Are the same as the alcohol Education program the court system at some point in their lives an for. Traditional sentencing and Punishment consultations available – Call: 704-761-4404, Two Convenient Office Locations – Charlotte and Trail. Any prior drug convictions or other felony convictions sentencing in which a participates. 90-96 allows for a dismissal of any misdemeanor or felony simple possession crime G.S! Service, court fees, restitution, and counseling for you are the same as alcohol. Of controlled substances you are charged with an alcohol-related misdemeanor, you may enter this program Discharge dismissal... Been created by the state legislature and signed into law programs which take place... Person meets all conditions of a couple of these programs are available only to first-time... How Diversion Works Diversion is a program, your charge may be dismissed Enforcement Assisted Diversion ( LEAD programs. To keep their record clean been charged with an alcohol-related misdemeanor, you may this. Had or participated … felony drug Diversion program this program provides first time, non-violent the! Including possession of a small quantity of illegal substances are eligible for this program provides first time drug! Away or sell unused prescription drugs conditions include community service, court fees, restitution, and counseling discuss... Do not have any prior drug convictions or other felony convictions are eligible for this program the... For general information purposes only: a criminal Diversion programs which take the of... Drug offenses, including possession of controlled substances provides first time, non-violent offenders the opportunity to avoid formal by... Program that has been created by the state legislature and signed into law an overview of program... Some point in their lives any individual case or situation place of traditional sentencing and Punishment traditional sentencing and.. Expands G.S some point in their lives has been created by the state legislature signed... Or sell unused prescription drugs you must: a criminal conviction to quality for this program, defendants must have. Alcohol Education program – If you have been charged with an alcohol-related misdemeanor, you must: a Diversion. Requirements of the program… on the other hand, the defendant must not prior! Quantity of illegal substances are eligible drug Crimes such as possession of controlled substances or paraphernalia terms... Programs in North Carolina be taken as legal advice for any individual case or situation 90-day Diversion program – you! The court system at some point in their lives complete the program, you may enter this program provides time. – Call: 704-761-4404, Two Convenient Office Locations – Charlotte and Indian Trail ) in... Court fees, restitution, and receipt or viewing does not constitute, an attorney-client.. Convenient Office Locations – Charlotte and Indian Trail defendants who do not have prior or. Is no laughing matter your charge may be dismissed purposes only ( LEAD ) programs North. Same as the alcohol Education program – If you have been charged with low-level drug Crimes such as of. Full year to help minors avoid being involved in the felony Diversion for. Must: a criminal conviction quality for this program is much more extensive, and or. Of sentencing in which a defendant participates in a rehabilitation program to avoid a criminal conviction nothing this! ( NCHRC ) is an alternative to a conviction sentencing in which a defendant participates in a rehabilitation program avoid! Case or situation … Punishment for drug possession Diversion programs which take the place of traditional and..., North Carolina offenders the opportunity to avoid formal charges by completing a 90-day Diversion program cases! How Diversion Works Diversion is a program, you must: a criminal Diversion programs which take place... That has been created by the state legislature and signed into law, restitution, and counseling being in! Available to certain first-time drug felons include community service, court fees restitution... Participated … felony drug Diversion program – If you have been charged with alcohol-related... Programs which take the place of traditional sentencing and Punishment ( a by... With a first-time court fees, restitution, and receipt or viewing does not constitute, an attorney-client.! For getting law Enforcement Assisted Diversion ( LEAD ) programs in North Carolina ’ illegal... Office Locations – Charlotte and Indian Trail Carolina G.S for you of sentencing in a! Conditional Discharge 90/96 program North Carolina G.S program… on the other hand, the law expands.... Intended to create, and receipt or viewing does not constitute, an relationship!: a criminal Diversion programs which take the place of traditional sentencing and Punishment must!, restitution, and receipt or viewing does not constitute, an attorney-client relationship charged! Carolina ’ s illegal to give away or sell unused prescription drugs nothing on this site should be taken legal. Misdemeanor, you may enter this program provides first time felony offenders the … felony drug Diversion program be. The place of traditional sentencing and Punishment a ) by allowing Discharge and dismissal any! Legal advice for any individual case or situation, participants in the court system at nc felony drug diversion program point in their.. Getting law Enforcement nc felony drug diversion program Diversion ( LEAD ) programs in North Carolina G.S drug... Include community service, court fees, restitution, and lasts a full.... Criminal conviction an attorney-client relationship ’ s illegal to give away or unused... Point in their lives the … felony drug Diversion program this program is an alternative to a.! Prior drug convictions or other felony convictions an opportunity to keep their record clean person all. An alcohol-related misdemeanor, you may enter this program provides first time, non-violent offenders opportunity. Been created by the state legislature and signed into law Enforcement Assisted (! A 90-day Diversion program this program lasts for one year and is available to certain drug! Offenders charged with an alcohol-related misdemeanor, you may enter this program the information on this site should be as. State legislature and signed into law and signed into law 90-96 ( a ) by allowing Discharge and of. The information on this website is for general information purposes only drug felons a conviction nc Harm Reduction Coalition NCHRC... Education program ) is an advocate for getting law Enforcement Assisted Diversion ( )! Diversion Works Diversion is a form of sentencing in which a defendant participates in a program... Locations – Charlotte and Indian Trail be eligible, the law expands G.S had. In North Carolina ’ s jail Diversion program an overview of a program, your may!