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Drug Diversion Treatment Program: What Is It Like?
Drug diversion is a legal concept that involves diverting first-time offenders involved in illegal possession of a controlled substance away from the criminal justice system to a rehabilitation and education program.
However, there are many details about the process itself and the required actions the defendant is required to take you should be familiar with. It’s best to contact San Diego’s experienced drug diversion lawyers to explain these details to you. But, let’s take a look at some of the most important aspects in the drug diversion process.
What is the drug treatment program like?
The drug diversion program, besides determining your eligibility, consists of several processes, including drug treatment and regular testing. It’s important to be familiar with the details of drug diversion treatment program in order to know what to expect from it and prepare for all it entails.
Drug treatment providers the defendant can use
The drug diversion programs have to be either:
- Programs that are certified by the administrator of the county drug program pursuant to the Chapter 1.5 of Title 8 of the California PC
- Programs that that have been deemed credible by the administrator and that are free for the participant
The defendant has the right to attend a program in the county of their choosing if the program meets the necessary criteria.
Duration of the drug treatment
Pretrial diversion under California Penal Code 1000 lasts anywhere between twelve and eighteen months. However, the court reserves the right to allow an additional amount of time for completion if there is a showing of good cause.
Pretrial diversion drug testing
Yes, defendants are generally required to undergo regular drug testing procedures by urinalysis during drug diversion programs. On the other hand, the results gained during such testing are only eligible for measuring the defendant’s compliance with the requirements of the program. If an individual fails a drug test, they cannot be additionally charged with new offenses. The consequence can only be the termination of the program.
Costs of drug diversion
Yes, the court requires the defendant to pay a diversion restitution fee. This covers reasonable costs of a plea-investigation report or probation supervision. This fee will not be less than $100, and more than $1,000. The court determines the exact amount while taking the following factors into account:
- The ability of the defendant to pay
- The severity of the offense
- The extent of suffering sustained by other persons involved
Narcotic medication during drug diversion
Individuals who are in the program of drug diversion are allowed to use narcotic medication if following directions from their licensed healthcare provider. These medications include LAAM, buprenorphine, methadone, and other narcotic medication. Using these substances in accordance with the program cannot serve as grounds for termination the participation in the process.
Terminating drug diversion before completion
Yes, the drug diversion program can be terminated if:
- The defendant does not obtain drug treatment or doesn’t comply with the rules of the program.
- The defendant becomes convicted of a felony.
- The defendant becomes convicted of any offense that illustrates a tendency for violence.
Which San Diego’s reputable drug diversion lawyer should I hire?
If you’re finding yourself in trouble for possession of a controlled substance in San Diego or anywhere else in California, it’s essential to first ensure proper legal representation. Hiring an experienced attorney will allow you to gain better knowledge on drug diversion, begin understanding the referral process, and potentially find out more about the alternatives to drug diversion. In order for your drug diversion to be a success, you need to learn more about it.
That is exactly what Monder Criminal Lawyer Group is here to help you with.
Vik Monder is the leading criminal and drug defense mind in San Diego and the surrounding areas. He has assembled a team of experienced and dedicated drug diversion lawyers who will help you learn all the details about drug diversion, and provide the necessary legal counsel and representation. You can find our offices near Petco Park. Schedule an appointment today!