Drug Diversion Programs
Not Quite A Get Out Of Jail Free Card – Connecticut Drug Diversion FAQ
If you have been arrested and charged with a drug crime like possession in New Haven or anywhere in Connecticut, your freedom and future are at risk. You might, however, have heard of diversion programs that can help you avoid the worst of these penalties. While they do exist, they are not an automatic ticket out of trouble, so it is important to understand your options.
- Who qualifies for drug diversion programs in Connecticut, and how do I apply?
Drug diversion programs in Connecticut are designed to mitigate the legal consequences for individuals charged with certain drug-related offenses, often first-time offenders, those with minimal criminal history, and younger offenders are all more likely to qualify.
Eligibility depends on the nature of the charge, the specific diversion program, your prior record, and whether you have previously completed a diversion program. For example, for the Pretrial Drug Education and Community Service Program, charges of possession of a controlled substance or possession of drug paraphernalia for personal use may qualify. More serious drug crimes, such as trafficking or distribution, will almost certainly not qualify.
To apply for drug diversion programs in New Haven, your attorney will file a motion with the court requesting program consideration, and you may need to attend a hearing where a judge decides if you are eligible.
- What offenses are eligible for drug diversion programs in Connecticut criminal courts?
Some drug diversion programs cover minor crimes or infractions committed while under the effects of drugs, while other drug diversion programs cover non-violent drug offenses involving possession of controlled substances or drug paraphernalia intended for personal use. More serious offenses, such as possession with intent to distribute or trafficking, generally do not qualify.
Connecticut offers specialized programs for individuals with substance use disorders, such as the Drug Education and Community Service Program, which focuses on treatment rather than punishment.
- What Are The Advantages Of Completing A Drug Diversion Program In Connecticut?
The primary benefit of drug diversion programs is that if you successfully complete one, it can result in your charges being entirely dismissed, leaving you without a criminal conviction for the offense. Doing so can thus protect your record as well as future opportunities in employment, education, and housing.
Completing a drug diversion program shows the court your willingness to address underlying issues, which can significantly improve your legal standing. Programs often also include substance abuse education, counseling, and treatment, which can help you beat a drug habit and improve your life and health.
Your defense attorney will assess whether your charges fit within the eligibility guidelines.
- What happens if I fail to complete a court-ordered drug diversion program in New Haven?
There are, however, many ways to fail your drug diversion program. For example, you could:
- Miss treatment sessions,
- Failing the required drug tests,
- Do not complete the required classes or community service programs,
- Fail to report regularly on your progress,
- Fail to make required payments to the court or treatment programs.
If any such lapses occur, the court can remove you from the program. This means your original criminal charges will be reinstated, and your case will proceed to trial or plea negotiations without the benefit of dismissal.
In New Haven, communicating with your attorney at the first sign of difficulty is critical to preserving your place in the program and avoiding harsher consequences.
Want To Avoid A Drug Conviction?
If you or someone you love has been arrested for a drug crime, or another crime committed while under the influence of drugs, you have a limited window to get into a Connecticut diversion program. The sooner you reach out to The Law Office of Jack O’Donnell by calling (203) 865-0667 or texting (203) 415-5115, the sooner you can put the charge behind you.
