First Offender's Program for Felony Drug Charges in Wake County

Last week, we outlined the recent changes made to SouthLight’s drug and alcohol diversion programs for first-time misdemeanor offenders in Wake County.  In addition to those misdemeanor diversion programs, SouthLight also offers first-time felony drug offenders a unique opportunity to earn a dismissal of certain felony drug charges through the Felony Drug Diversion Program. 

Felony Drug Diversion Program – Eligibility Criteria & Requirements

General Eligibility Criteria:

§  Must be at least 16 years old;

§  No previous criminal convictions (either as juvenile or adult);

§  No prior participation in any deferral programs;

§  Not engaged in the health care profession;

§  No evidence of drug distribution.

Eligible Felony Drug Offenses:

§  Possession of Cocaine (less than 3 grams);

§  Possession of Marijuana (less than 8 ounces);

§  Possession of LSD (less than 10 dosage units);

§  Possession of Mushrooms (less than 3 grams);

§  Possession of Ecstasy (less than 10 dosage units);

§  Prescription Drug Fraud (no more than 100 dosage units with 3 or less violations occurring during a 30-day period).

Program Requirements:

§  Case will be continued for 1 year;

§  Sign an admission of guilt;

§  Submit to random drug screens;

§  Obtain a substance abuse assessment and follow all recommended treatment;

§  Complete 225 hours of community service;

§  Meet monthly with case manager;

§  Pay program fees (not including substance abuse treatment costs);

§  Remain employed or in school;

§  No new felony or misdemeanor charges during the 1 year deferral period;

§  Abide by any other special conditions imposed.

At the end of the one year deferral period, if you have completed all the program requirements, the case will be dismissed by the DA’s office, and you may be eligible to have the charges completely expunged from your record.

If you’re facing felony drug possession charges in Wake County, call The Law Offices of Wiley Nickel at 919-585-1486 for a free consultation.  One of our experienced drug possession lawyers will explain how we can help get your felony charge dismissed and expunged from your record entirely.


Wiley Nickel

Wiley Nickel lives and works in Cary, North Carolina. In 1998, he graduated from Tulane University with a major in Political Science and a minor in History. After college Wiley went to work for Al Gore and travelled with the Vice President as part of his national advance staff. Following the Gore campaign he earned his law degree from the Pepperdine University School of Law in 2005. While in law school Wiley worked as a law clerk in the Ventura County District Attorney’s Office where he gained valuable criminal trial experience before taking and passing the California bar exam. His first job out of law school was for the Merced County District Attorney’s Office where he worked as a Deputy District Attorney with a focus on prosecuting DWI offenders. Wiley later joined the Law Offices of Joseph Uremovic where he focused on civil litigation and family law. When the opportunity came to join the Obama campaign in 2008 Wiley jumped at the chance. He spent three years travelling with President Obama as a member of his national advance team. In 2011 Wiley left his work for the White House to return to the practice of law. Wiley devotes the majority of his practice to the areas of criminal law, family law, traffic tickets and DMV issues. The Law Offices of Wiley Nickel was started with the goal of providing the best representation possible for all of his clients. Experienced, Compassionate, Aggressive Criminal Defense While defense attorney Wiley Nickel works as the primary attorney for all of his cases, he does have an associate attorney, a team of investigators, forensic consultants, and support staff to call on to help achieve the best possible result in every case. He limits his case load so that he can focus on providing the best possible legal defense to all of his clients. Every case is a top priority and the goal is to have your case dismissed with a focus on being able to expunge your charges at the end of the process. When he is not working, Wiley is an avid family man, distance runner and golfer. He loves North Carolina college sports and is hoping this is the year for Cam Newton and the Carolina Panthers. Wiley is licensed to practice law in North Carolina and California.