If you are arrested for the first time on a drug offense, you might wonder if you will go to jail. While some states prefer rehabilitation to incarceration after a first drug offense, there is still always a risk that you will go to jail if you do not have a criminal law attorney representing you.
Diversionary Programs
A diversionary program is designed to help individuals who have never been convicted of drug crimes before. With a diversionary program, you will enter into a program that is meant to reduce the odds that you will become a repeat offender.
If you're a juvenile, one of the best ways to have a drug offense discharged is through a conditional discharge. To receive this, you will need to be drug-free and will need to have not committed a crime for a year while you are on probation. There are the following benefits:
- Have your records expunged
- Avoid fines
- Avoid incarceration
However, the judge gives out this option at their discretion and you will need to work with an experienced criminal law attorney to persuade the judge successfully. For example, if the prosecutor did not have a strong case to begin with, you may be more likely to work out this deal.
The Drug Court Alternative
You may be able to go to drug court depending on the rules of your state. As long as you agree to participate in a drug rehabilitation program, you may be able to have your drug charges cleared. You will typically need to engage in detox before you will then be able to participate in a drug rehabilitation program. You may also be required to participate in community service.
When you are participating in drug court, there is a risk that you might fail out of it. Then you might end up in a situation where you're worse off than if you had pleaded to lesser charges; you will automatically face the charges you would have faced if you had lost your case in a normal courtroom and any enhancements.
Drug court is also considered "special probation." Under normal probation, if you violate probation, you have the option to waive your enhancements and at least receive lesser charges. However, with special probation, you are not allowed to waive your enhancements. Therefore, you will want to consult with your attorney about which option would be the best for you to choose.
