The First Offender Drug and Alcohol Diversion Programs

These programs provide first time drug and alcohol offenders an opportunity to keep his/her criminal record clean. Defendants will complete 15 hours of drug and alcohol education and comply with program guidelines. Upon successful completion, defendants will have their case dismissed by the District Attorney’s Office and are eligible for an expungement of the charges.Without an expungement the record of the dismissed charge will remain visible on your criminal record forever.

The Conditional Discharge 90/96 Program

This program allows a convicted defendant to be placed on probation without the court actually entering judgment in the case. If the defendant fulfills the terms and conditions of probation (completion of assessment or Prime for Life), the court dismisses the charges and the defendant is left without a conviction.

Felony Drug Diversion Program

This program provides first time felony drug offenders an opportunity to keep their record clean. The defendant will receive a full drug and alcohol assessment, participate and complete required treatment, complete 225 hours of community service, and comply with program guidelines. Upon successful completion, defendants will have his/her case dismissed by the District Attorney’s Office and are eligible for an expungement.


Drug Education Program

  • This program allows for a dismissal of charges for first-time misdemeanor drug offenders.
  • Operated by Southlight
  • Call The Law Offices of Wiley Nickel to see if you qualify!

Goals and Objectives

The program provides first time misdemeanor drug offenders with education and life skills enabling them to abstain from substance abuse and avoid the bad effects of a criminal record

Eligibility Criteria

  • You must have one of the following charges (1) misdemeanor possession of a controlled substance within schedules II through VI, (2) possession of drug paraphernalia or (3) misdemeanor maintaining a dwelling for controlled substances.
  • You must be 16 years of age or older.
  • No evidence of selling drugs or distribution
  • No previous criminal record.
  • No prior participation in a deferral program.

Intake Procedure

  • Defendants are referred to the program by attorneys, prosecutors, judges and police.
  • The Prosecutor determines whether the defendant meets the criteria for the prorgam.
  • A representative from Southlight interviews the defendant and law enforcement officials involved with the case in order to determine eligibility.
  • If you qualify then prosecution is deferred for one year pursuant to NC GS 15A-1341(B)(2)
  • You will sit with someone from Southlight at the Courthouse.  They will screen you to see if you qualify and help you complete the paperwork.

Requirements

If you are accepted into this program you must satisfy all of these requirements in order to successfully complete the program:

  • You must admit your guilt
  • You must complete drug education classes conducted by Southlight (usually 15 hours) or any recommended treatment requirements.
  • You must pay the $250 program fee and also Court costs of approx. $188 to the Wake County Clerk of Court.
  • You must not be convicted of any misdemeanor or felony during the period of deferral.
  • If you are charged with something during that year you must resolve any new pending charges before you can complete the program.
  • You must remain in school or have a job during the course of the program.
  • You must submit to a drug test if they ask you to do one and you must also pay for the drug test. 
  • you must abide by any reasonable request made by a Judicial Specialist 

Supervision

Southlight will supervise the program and be responsible for ensuring compliance with the terms of the deal.

Successful Completion/Termination

At the end of the one year term if you have completed all of the requirements and have kept out of trouble the charges will be dismised in open Court.  If you are eligible for an expungement my law office can help to ensure that your charges are expunged so potential employers do not see this charge on your record.

Admission of Guilt!

Note that if you violate any of the conditions of the program or are convicted of any criminal offense during the program a judgment of guilt will be entered and a sentence will be imposed!   By entering this program you are admitting your guilt and can be punished for that admission if you are convicted of a crime during the program or violate the conditions (i.e. failing a drug test among others). 


Conditional Discharge of First Time Drug Offenders - N.C. G.S. 90-96

N.C. G.S. 90-96 allows for a dismissal of your case if you’ve been charged with certain first-time drug offenses. You are eligible if you have never been convicted of a felony offense or a previous drug offense. You will be required to perform community service, pay court costs and fines, and undergo a drug abuse assessment program. If you complete the various requirements in the approved time period then your case will be dismissed. Once your drug charge has been dismissed, you may be eligible for an expungement. Call for a free consultation to see if you qualify for an expungement.


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Felony Drug Diversion Program

This program provides first time felony drug offenders a chance to participate in drug rehabilitation, community service and avoid the stigma of having a felony drug charge on your record.

A few potential highlights of the program:

  • Case continued for a year.  You must stay out of trouble for a year.
  • You must sign an admission of guilt.
  • Submit to random drug tests.
  • Receive a substance abuse assesment and follow treatment guidelines.
  • Complete 225 hours of community service
  • Meet with a case manager on a monthly basis to check-in.
  • Program fee of $600
  • Remain in school or employed
  • No new criminal convictions (can't finish the program if you have an active charge either)
  • After you complete the program your case will be dismissed by the DA and you could possibly have the charge expunged.

Alcohol Education Program

Goals and Objectives

The program provides first time misdemanor alcohol offenders with education and life skills enabling them to abstain from substance abuse and avoid the bad effects of a criminal record

Eligibility Criteria

  • You must have one of the following charges (1) misdemeanor possession of alcohol under the age of 21, (2) possession of a fake ID, (3) aiding and abetting the underage possession of alcohol or (4) selling alcohol or tobacco to minors.
  • You must be 16 years of age or older.
  • No previous criminal record.
  • No prior participation in a deferral program.
  • No drinking and driving offenses.

Intake Procedure

  • Defendants are referred to the program by attorneys, prosecutors, judges and police.
  • The Prosecutor determines whether the defendant meets the criteria for the prorgam.
  • A representative from Southlight interviews the defendant and law enforcement officials involved with the case in order to determine eligibility.
  • If you qualify then prosecution is deferred for six months pursuant to NC GS 15A-1341(b)(2)
  • You will sit with someone from Southlight at the Courthouse. They will screen you to see if youqualify and help you complete the paperwork.

Requirements

If you are accepted into this program you must satisfy all of these requirements in order to successfully complete the program:

  • You must admit your guilt
  • You must complete alcohol education classes conducted by Southlight (usually 15 hours) or any recommended treatment requirements.
  • You must pay the $250 program fee and also Court costs of approx. $188 to the Wake County Clerk of Court.
  • You must not be convicted of any misdemeanor or felony during the period of deferral.
  • If you are charged with something during that year you must resolve any new pending charges before you can complete the program.
  • You must remain in school or have a job during the course of the program.
  • You must submit to a drug test if they ask you to do one and you must also pay for the drug test.
  • you must abide by any reasonable request made by a Judicial Specialist

Supervision

Southlight will supervise the program and be responsible for ensuring compliance with the terms of the deal.

Successful Completion/Termination

At the end of the six month term if you have completed all of the requirements and have kept out of trouble the charges will be dismised in open Court. If you are eligible for an expungement my law office can help to ensure that your charges are expunged so potential employers do not see this charge on your record.

Admission of Guilt!

Note that if you violate any of the conditions of the program or are convicted of any criminal offense during the program a judgment of guilt will be entered and a sentence will be imposed! By entering this program you are admitting your guilt and can be punished for that admission if you are convicted of a crime during the program or violate the conditions (i.e. failing a drug test among others).

 

INFORMAL FIRST OFFENDER PROGRAMS

Informal Deal with the Wake County District Attorney's Office

If you are not eligible for a formal first offenders program there is always a possibility of an informal deal where circumstances are appropriate.  In this situation your attorney would make a deal with the Assistant District Attorney involved in your case.  An example would be doing some amount of community service in exchange for a dismissal of your case for a low level crime.  While there are no formal rules for eligibility for an informal deferral it's always something we consider and try to negotiate where appropriate.