If you have been charged with a drug crime, a drug diversion program may be available to avoid convictions and/or jail time. A drug”diversion” program allows a person accused of a drug offense to address addictive use by participating in a rehab alternative to jail. The California legislature has recognized that many people in the criminal justice system are in need of help rather than debilitating convictions or punishments, not every person accused of a drug crime is eligible for participation in these programs.
An experienced defense attorney, with knowledge of the many programs and alternatives to conviction and punishment, can help navigate a complicated area of the law to best serve a client’s needs. Our defense attorneys are experts in negotiating away what might otherwise be ineligible charges, and finding the most suitable program to meet the needs of our clients.
Just because a client is presumptively eligible for a drug treatment or diversion program does not mean our defense lawyers will recommend such a course. The first determination is whether the prosecution can, with admissible evidence, prove its case beyond a reasonable doubt. Many cases are filed on the basis of evidence that has been illegally seized or might otherwise be inadmissible against a client. It is only in the cases that a client risks being convicted should a diversion program be considered.
Our attorneys at know your rights. They can assess whether the police have acted properly and in accordance with the state and federal constitution in detaining, searching, seizing evidence and arresting you. You are entitled to address these violations without giving up your right to diversion. Questions about illegal searches and seizures can be complex. Only after a thorough review of the evidence in the case and all police reports should consideration be given to participation in a rehabilitation or diversion program.
Our attorneys at Rien, Adams & Cox, LLP have the experience to properly evaluate the need for a program in light of the legality of a search or an arrest, and to advocate for an amendment where a client might not otherwise be eligible for diversion or a rehabilitation program.
Once eligibility for treatment has been established, and all other alternatives to the dismissal of charges explored, you may have a criminal proceeding suspended, at which point you might be eligible to enter a drug rehabilitation program for up to 18 months. When you have completed the program, the criminal charges will be dismissed and your record will remain clean. Each alternative to prosecution has differing rules governing the completion of a program.
Our attorneys can assist you in determining which program will benefit you in terms of health, cost, convenience, preservation of employment and maintenance of the family and other commitments.
We understand your full range of options, and will make sure you have access to the help you need. Your call will not be met with an answering machine or voicemail.
We have a live operator that is available 24 hours a day, 7 days a week to speak with you and place you in immediate contact with a defense attorney who will be glad to address your needs and questions.
With offices located in the Livermore, Pleasanton Judicial District, our attorneys are available to appear throughout Northern California. Contact them today for a free initial consultation.