Cases that allege the illegal possession of drugs in Tempe are serious matters. Unlike in many other states, Arizona law still treats the possession of these substances as a felony. As a result, a conviction creates a criminal record and could force a person to spend significant time in prison.
Fortunately, the law also recognizes that drug use is a health concern as much as a legal issue. Because of this, prosecutors have the discretion to allow a defendant to seek counseling and other treatment in place of formal criminal prosecution. If you successfully complete this program, the court may dismiss the charges against you and allow you to go free. Talking with a seasoned lawyer at Grand Canyon Law Group could help you better understand drug diversion programs in Tempe and whether they might be the right path forward for you.
There are two main reasons why people facing prosecution for possessing illegal drugs might want to enter a diversion program. The first is the legal benefit. The successful completion of a diversion program means that the judge overseeing the case will dismiss the charges in the case. This means that a person will not have a conviction on their criminal record, will not need to spend time in jail, and will avoid being labeled as a felon.
The second benefit is that diversion programs can start a person down the road to recovery. A Tempe drug diversion program will have a person spend time in counseling, take drug education courses, and provide other forms of treatment to help them remain sober in the future. While drug addiction is always a difficult challenge, attending a diversion program could give individuals the help they need to work toward a healthier future.
Unfortunately, not every person facing an illegal drug possession charge in Tempe has the option of attending a drug diversion program. Arizona Revised Statute § 11-365 says that prosecutors pursuing charges in these cases have the final say on offering this option to defendants. There are numerous factors that prosecutors will evaluate when deciding whether this is appropriate for a defendant, including:
If a defendant is eligible for the program, a prosecutor may recommend entry into the Felony Diversion Program. This was formerly known as the Felony Pretrial Intervention Program (FPIP). This program will require a person to attend counseling, have a case worker oversee their treatment, and submit to regular drug testing. These programs will always operate at the defendant’s expense.
People must also be aware that failure to complete the terms of a program could have serious consequences. An experienced attorney at our firm is ready to provide more information about how these programs function and work to convince a prosecutor to offer this as an option in drug possession cases. Legal counsel may also support people facing accusations of failure to complete a diversion program in Tempe.
Drug possession cases are felonies under state law. This means that convictions will label a person as a felon and may require them to spend time in jail. Recognizing that this outcome often benefits no one, lawmakers in Tempe and elsewhere in the state have empowered prosecutors to offer entry into the drug diversion program in Tempe as an alternative to criminal prosecution.
If you successfully complete this program, the court will eliminate the criminal charges. This could also help you get sober and put your life back on track. Contact Grand Canyon Law Group today to learn how we could help you gain entry into this type of program.