Charlotte Criminal Lawyer Blog
What Criminal Diversion Programs are Available in North Carolina?
If you are charged with a crime, you know that you are likely facing a difficult legal process that could result in a conviction. If convicted, you may face penalties that could include fines, probation, and a prison sentence. North Carolina offers criminal diversion programs to help those who are eligible. Diversion programs typically target first-time offenders. A knowledgeable criminal defense attorney will help you through the legal process.
What is a Criminal Diversion Program?
A criminal diversion program is a program that offers alternatives to traditional criminal punishment and sentencing. A diversion program generally offers a participant the option to resolve their criminal case without going through a trial. Therefore, a defendant may be allowed to adhere to the program guidelines in exchange for dropping or lowering the charges. If the person agrees to participate in the program but does not complete it, they will be subject to the original traditional prosecution and punishment if found guilty. Criminal diversion programs may vary from jurisdiction to jurisdiction.
In this video, Managing Member and Criminal Defense Attorney Brad Smith of Arnold & Smith, PLLC explains what an arraignment is in the criminal justice process.
Conditional Discharge 90/96 Program
North Carolina law (G.S. 90-96) allows for the conditional discharge of some first-time drug offenders. The offender must qualify for the program by not having any previous drug charge convictions and must not have any prior felony convictions. The program allows for the discharge of charges once the offender completes the required conditions. Once the offender successfully completes the required conditional time period, the case will be dismissed. This is a great opportunity to prevent having a criminal conviction on your record.
Felony Drug Diversion Program
The felony drug diversion program may be available to some offenders who are facing first-time felony drug charges. This program is similar to the 90/96 program but is typically more extensive and lasts longer. The felony drug diversion program takes a year to complete. The program is geared towards those with felony charges while the 90/96 program is designed for those facing misdemeanor drug charges. Upon successful completion of the program, the charges will be dropped.
Requirements for Criminal Diversion Programs
Participation in a criminal diversion program has several requirements. The offender must admit guilt to the crime. You will usually be assigned a case manager and must meet with your case manager on a regular basis. You must agree to regular random drug testing. Additionally, you are required to complete 225 hours of community service for most programs. You must pay the required restitution and court fees. In addition, you must participate in a drug education program. You must stay out of trouble during the program period. There may be some additional special requirements.
There may also be some informal diversion programs in your jurisdiction. An experienced criminal defense attorney will work to help you get into a diversion program if you are eligible. If you have been charged with a crime, we are here to help. Call us today at Arnold & Smith, PLLC at (704) 370-2828 to schedule a consultation.
You cannot reason with the unreasonable. The criminal defense attorneys at Arnold & Smith, PLLC make it their mission to zealously defend their clients on a wide range of criminal matters at both the state and federal levels. These matters may include any charge from traffic offenses; DWI/DUI; drug charges (from simple possession to possession with intent to distribute and trafficking); gun permit denials; weapons offenses; and property crimes (larceny, breaking and entering, robbery, fraud, embezzlement, white collar offenses); to sexually related offenses (indecent exposure; sexual assault, crimes against nature, removal from sex offender registry); and violent crimes (domestic violence; assault; manslaughter; homicide, murder). Other legal issues that Arnold & Smith, PLLC criminal clients may be facing include restraining orders, restraining order and probation violations, expungements; appeals; and immigration issues related to criminal charges. Our criminal defense attorneys are passionate about ensuring that individuals empower themselves by being informed about their constitutional rights and stand at the ready to fight in the defense of those facing criminal charges.
Source:
https://www.law.cornell.edu/wex/diversion
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