In this article, you can discover…
- How to qualify for a drug diversion program in Los Angeles.
- What happens if you fail a drug diversion program in California.
- How your criminal defense attorney can help you qualify for a drug diversion program.
Who Qualifies For A Drug Diversion Program In Los Angeles County?
In recent years, drug diversion in Los Angeles County has greatly expanded, making it more accessible even for individuals with prior arrests or convictions.
The purpose of diversion is to help users move toward recovery. In order to qualify for a drug diversion program, you must be charged as a user. If the case against you involves sales, possession for sales, or anything that suggests an exclusive business operation, you will not likely be eligible.
If you’re facing charges like simple possession or being under the influence and there’s no intent to sell, you may still be eligible for a drug diversion program.
For more information on whether or not you qualify for a drug diversion program, you should call The Law Offices of Matthew Cargal and schedule a consultation to assess your options.
Do I Need To Plead Guilty To Enter A Los Angeles Drug Diversion Program?
Whether or not you need to plead guilty to enter a drug diversion program in Los Angeles depends on the type of diversion program.
If the program is a pretrial diversion that has been negotiated with the prosecution, you generally do not need to plead guilty or no contest. You may complete the program without admitting guilt.
However, if it’s a diversion program ordered by the judge, then yes, you will need to enter a plea of guilty or no contest in order to qualify. The plea will be withdrawn once you successfully complete the program.
There are some people who might hesitate because they think the process is too much work, but in most cases, it is not that demanding at all. Honestly, the long-term benefit is more than worth the effort involved.
Attorney Matthew Cargal is an experienced criminal defense attorney based in Los Angeles, who has helped countless clients like you assess their options after being charged with a drug offense. For 25 years, he has made it his mission to educate his clients on their rights so they can proceed with confidence.
Have you been charged with a drug offense in Los Angeles? Are you wondering if drug diversion is an option for you? Contact The Law Offices Of Matthew Cargal today to schedule an initial consultation.
What Happens If I Fail A Drug Diversion Program In Los Angeles County?
The consequences of failing a drug diversion program depend on the type of program.
If you fail a pretrial diversion program, the case against you will simply move forward. You will either be facing a jury trial or negotiating a plea deal that could lead to a conviction.
If it’s a court-ordered program, California law gives you up to three chances. If you fail once or twice, you can get rereferred. If you fail a third time, the original guilty or no contest plea kicks in, and the judge will sentence you, sometimes with a harsher penalty.
How Can A Criminal Defense Attorney Help Me Qualify For A Drug Diversion Program?
A criminal defense attorney can play a big role in helping you qualify for a drug diversion program as long as you’re willing to take that path.
Unfortunately, sometimes clients aren’t willing because they argue that they don’t want to be punished for something they didn’t do. Often, I have to explain that if they decide to do a diversion program, it will increase the likelihood of a better outcome for their case.
The attorney is the one who will bring up the diversion program to the prosecutor, advocates to the judge, and often will submit a full mitigation package explaining why you, as my client, deserve diversion as an option.
I’ll often have the client begin treatment as soon as possible, even before the court asks for it. Treatment could mean attending NA meetings, enrolling in outpatient care, or potentially checking into residential treatment. Showing initiative can make a huge difference.
What Happens When The Court Denies Your Client A Diversion Program?
Unfortunately, there have definitely been cases where my client was initially denied diversion, and I had to step in and fight for them to get that chance.
In situations where you are denied diversion, a mitigation package becomes crucial. I’ll gather information about your background and create a strong argument to support why diversion is a better fit for you than conviction. It makes a big difference.
In your mitigation package, I’ll include details such as your job, family responsibilities, and any involvement you have in the community. I will also showcase how the particular substance use has impacted your life. The goal here is to show that the substance is the problem and that a diversion program would be a better solution for recovery than conviction.
The process is not easy and takes serious work. For one case, I spent over 12 hours preparing a mitigation packet for a professional client who was facing a misdemeanor DUI. The time spent was worth it because you only get one good shot to tell a person’s story. For my clients, I make sure to make it count.
Still Have Questions? Ready To Get Started?
For more information on drug diversion programs in Los Angeles, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (626) 648-5004 today.
Attorney Matthew Cargal is an experienced criminal defense attorney based in Los Angeles, who has helped countless clients like you assess their options after being charged with a drug offense. For 25 years, he has made it his mission to educate his clients on their rights so they can proceed with confidence.
Have you been charged with a drug offense in Los Angeles? Are you wondering if drug diversion is an option for you? Contact The Law Offices Of Matthew Cargal today to schedule an initial consultation.
