What is a Drug Diversion Program, and am I Eligible?
Arrested for drug possession in Charleston or elsewhere in South Carolina? You could be facing a very serious criminal charge. With that being said, you could have treatment options available. Our state has a drug diversion program that can help spare people from the worst consequences of a criminal charge. Here, our Columbia drug crimes defense attorney provides a guide to drug diversion in South Carolina.
Understanding South Carolina’s Drug Diversion Program
The South Carolina Commission on Prosecution Coordination explains that the state has a drug diversion program in place that is designed to help rehabilitate low-level offenders. Lawmakers created drug diversion “as an alternative to traditional prosecution” and intended the program to “hold the defendant accountable while affording the opportunity for a second chance and deterring future criminal behavior.”
Note: In South Carolina, drug diversion programs are often available through the state’s Pre-Trial Intervention (PTI) program and through specialized Drug Courts.
What to Know About Eligibility for Drug Diversion in South Carolina
No person who has been arrested for and charged with a drug-related offense is automatically granted access to drug diversion or other drug treatment as an alternative to traditional prosecution in South Carolina. Instead, eligibility for a drug diversion program in South Carolina depends on several different factors, including:
- The nature of the offense;
- A defendant’s prior criminal history or lack thereof; and
- Prosecutorial discretion.
As a general rule, people charged with simple possession or other non-violent drug offenses may be eligible. Although not guaranteed, it is an option that should always be explored in these cases. Defendants with prior violent offenses, distribution charges, or those already convicted of serious crimes may be excluded. Approval requires agreement from the solicitor’s office.
An Overview of the Requirements for the Successful Completion of Drug Diversion
Once accepted into a drug diversion program, participants must comply with all terms of the program. Among other things, the requirements typically include:
- Drug education classes;
- Substance abuse counseling;
- Frequent drug testing;
- Regular meetings with a case manager;
- Avoidance of any new arrests.
Notably, some drug diversion programs also require community service, employment, or school attendance. The program length varies but usually lasts between six months and a year.
Note: The failure to comply may result in termination from the program. That is a very big deal because the original criminal case can resume, meaning prosecution will restart. An issue that arises in drug diversion must be remedied as soon as possible. An attorney can help.
Contact Our Columbia, SC Drug Crimes Defense Lawyer Today
At the Law Office of Jonathan M. Harvey, our South Carolina drug crimes defense attorney is ready to invest time, resources, and attention to detail into each and every case. If you have any questions or concerns about drug diversion programs, please do not hesitate to contact us today for a fully private, no-obligation case review. Our firm handles drug cases in Columbia and throughout the surrounding region in South Carolina.