Dismissal and Diversion Programs for Drug Charges
If you are charged with either a felony drug offense or misdemeanor drug offense, there may be an opportunity available to you to have the drug charges dismissed. In Wake County, first time offenders charged with drug violations can be afforded an opportunity to maintain a clean record. Contact the Dozier Law Firm and Wake County criminal defense attorney Chris Dozier today for a free consultation regarding your felony drug charges or misdemeanor drug charges.
Felony Drug Diversion: 1 Year Period
- Eligible offenses for Defendant over the age of 16 (without evidence of distribution):
- Possession of cocaine less than 5 grams with no evidence of distribution.
- Possession of less than 8 ounces of marijuana with no evidence of distribution.
- Possession of less than 20 dosage units of a hallucinogenic drug (LSD), less than 3 grams of mushrooms, or less than 10 dosage units of ecstasy.
- Prescription fraud, with no more than 100 dosage units with 3 or less prescription violations and occurring during a 30-day period.
- Requirements of Program:
- Sign an admission of guilt;
- Submit to random drug screens;
- Obtain a full drug abuse assessment and follow the treatment guidelines;
- Complete 225 hours of community service;
- Meet monthly with a case manager;
- Pay a program fee (not including substance abuse treatment costs);
- Remain employed or in school;
- Not get charged and convicted of any other felony or misdemeanor criminal charges during the period of the program;
- Abide by any other special condition imposed by the court.
- Successful Completion: If at the end of the one-year period a Defendant complies with all program guidelines, the Defendant will return to court successfully and the drug charges will be dismissed. An expungement of the drug charges can also be filed for a $175 fee upon the Defendant’s request.
Misdemeanor Drug (90-96) First Offenders Program: 1 Year Period
- Eligible offenses for Defendant over the age of 16 (with no evidence of distribution of past drug possession):
- Misdemeanor possession of a controlled substance included in Schedules II through IV. View
- Misdemeanor possession of drug paraphernalia;
- Misdemeanor maintaining a dwelling for controlled substances.
- Intake Procedures for the 90-96 Program:
- Defendant’s are referred to the program by attorneys, judges, prosecutors and law enforcement officers;
- The prosecutor must determine whether or not the Defendant meets the eligibility criteria;
- Defendant will be interviewed by SouthLight to determine eligibility;
- If deemed eligible, prosecution is deferred for one year pursuant to N.C.G.S. 90-96.
- Requirements of Program:
- Sign an admission of guilt;
- Successfully complete drug education classes conducted by SouthLight or any recommended treatment required;
- Pay a program fee and pay cost of court to the Wake County Clerk of Court;
- Must not be charged and convicted of any misdemeanor or felony criminal offense during the period of the deferral;
- Remain in school or employed;
- Submit to a urine drug test for the detection of controlled substances and pay for any such test;
- Abide by any reasonable request made by a Judicial Specialist; and
- Abide by any other special conditions imposed by the court.
- Successful Completion: At the end of the one-year period, if all conditions have been successfully met, the original criminal charges will be dismissed and the Defendant may file for an expungement of the charges for $175.
90-96 Conditional Discharge for First Offenders: 1 Year Period
If you qualify as a first offender under N.C.G.S. 90-96 and plead guilty to or is found guilty of (i) a misdemeanor drug offense by possessing a controlled substance included within Schedules I through VI or by possession drug paraphernalia, or (ii) a felony under N.C.G.S. 90-95(a)(3), the court shall, without entering a judgement of guilt and with the consent of the Defendant, defer further proceedings and place the Defendant on probation with reasonable terms and conditions as the court may require, unless the court determines and with agreement of the District Attorney, that the Defendant is inappropriate for a conditional discharge for factors related to the offense.
Probation may be imposed under a conditional discharge even for an offense that includes a punishment of only a fine. To fulfill the terms and conditions of probation the court may allow the Defendant to participate in a drug education program. Upon a violation of a term of condition of the conditional discharge, the court may enter judgment of guilt against the Defendant. Upon successful completion of the conditional discharge, the court shall dismiss the criminal drug charges against the Defendant. Dismissal under this law shall be without the court finding the Defendant guilty and shall not be deemed a criminal drug conviction. Discharge and dismissal of a drug charge under the conditional discharge law may occur only once with respect to any criminal Defendant.
Contact us to learn more:
To learn more about whether or not you are eligible for your your criminal drug charges to be dismissed, contact the Dozier Law Firm for a free consultation. Criminal defense attorney Chris Dozier has the experience your drug case deserves. Don’t just plead guilty to criminal drug charges, even if you are not eligible for a deferral or dismissal program, your drug case may warrant your Raleigh Drug Crimes Attorney to file a pretrial motion challenging your stop, arrest or admission of other drug evidence as it relates to your charges.