Wilmington Drug Diversion Program
As a Wilmington attorney with more than 40 years of experience, I — Michael Modica — know how to provide my clients with the best resolution for their criminal offense. Many clients come to me because they have been charged with possession of drugs and are worried about the stain a conviction will leave on their permanent record. A drug conviction can result in the expulsion from high school or college. It can make you ineligible for federal financial aid for college or graduate school. It can result in the suspension of your license.
Depending on the circumstances of their case, I may be able to negotiate their participation in Delaware’s drug diversion program which can result in the dismissal of the charges without a conviction.
This is how the Wilmington drug diversion program works. If a client is found to be eligible a plea agreement is entered, but deferred while that person engages in a substance abuse program monitored by the court. The program involves weekly outpatient group therapy and weekly random urine screens. If the client successfully graduates from the program (usually after 3 months) then the criminal charges are dismissed without a conviction and the client can obtain expungement of their arrest record for the charges.
Experienced Criminal Defense Lawyer Fighting To Keep Records Clean
I know which clients may be eligible for the drug diversion program, and when it will be in their best interest to enter the program. Because participation in the program requires an initial guilty plea, I only recommend this program to those who are serious about keeping a clean record. Failure to successfully complete the program results in resentencing on the original plea agreement, including a possible jail sentence.
In order to participate in the program, those convicted of drug possession must enter a plea of guilty. The plea is suspended during the length of the program.
If participants successfully complete the program, their charges will be dismissed without a conviction. However, if the participant fails drug tests or does not attend counseling sessions, he or she will be re-sentenced and their prior admission will become a conviction.
Once my clients successfully complete the drug diversion program and their charges are dismissed, I file a petition to expunge their record. An expungement makes sure their criminal charges will never appear on their record, and one mistake won’t shadow them for the rest of their lives.
Delaware First-Offender Drug Charge Lawyer
Wilmington’s drug diversion program is a system designed to provide those charged with drug offenses an alternative to the criminal justice system.
The program is available to people who have been charged with their first drug-related possession offense — typically students and young adults. The diversion program may be available for some charged with drug dealing if surrounding circumstances indicate the program will be successful.
Programs vary in length, usually lasting between 14 weeks and six months. However, the program may last longer based on a participant’s needs. As part of the program, participants must agree to stop using drugs, submit to drug screening tests and attend drug counseling sessions.
If you have been charged with first-time drug possession, contact me, Wilmington drug diversion program lawyer Michael Modica, today.