Our law firm serves clients in Grand Rapids, Kalamazoo and throughout southwest Michigan.

How does a drug diversion program affect a conviction?

Michiganders who are hit with drug charges could be in for a difficult fight. Prosecutors aggressively pursue drug possession, possession with intent to distribute, and drug trafficking charges, often seeking the harshest penalties. Though failing to put forth an equally aggressive criminal defense could leave these individuals subject to jail, prison, fines, and years of adverse consequences, some drug offense penalties may be avoided by completing a drug diversion program.

According to Michigan law, those who have not been convicted of a prior drug offense but plead guilty or are found guilty of drug possession may come out of the ordeal without being adjudicated as guilty. However, to achieve such a result, the law stipulates that a criminal defendant might have to complete drug treatment and pay probation fees. Yet, if successfully completed, then the proceeding may be dismissed against the individual. If this is the result, then the matter becomes a nonpublic record.

However, it is worth noting that only one dismissal can occur. If an accused individual has been charged with a drug offense in the past, then the drug diversion program may not be an option for him or her. Additionally, only certain possession crimes are applicable to the drug diversion route, so it is imperative that those accused of drug possession know the law and how it applies to them.

Though entering a drug diversion program may keep harsher penalties at bay, it does not mean that those accused of drug possession should willfully await and accept a conviction. Instead, criminal defendant’s should consider speaking with a Kalamazoo criminal defense attorney who will help them assess their defense options and help protect their legal rights.

Source: Michigan State Legislature, “Public Health Code,” accessed on Feb. 20, 2015

Secure Your Defense Today
Free Initial Consultation Available
Start with the best defense strategy. Speak to us first.

David G. Moore is a highly experienced criminal defense attorney in Michigan. With a Juris Doctor from Thomas M. Cooley Law School and experience as a former assistant prosecutor, he brings unique insights to his practice. David’s career spans the entire spectrum of criminal defense, from minor infractions to complex felonies.

He has successfully handled cases in state and federal courts, including pre-indictment investigations, jury trials, and appeals. Licensed in Michigan and Arizona, David’s approach combines mitigation efforts with intense litigation preparation. His diverse legal experience has established him as a trusted and authoritative voice in Michigan’s legal community.

Recent Posts

Archives

Archives

Categories

Categories

RSS Feed

Table of Contents

Table of Contents

Do you have a matter with which our lawyers can help you?

Get a Free, No-obligation Consultation