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Georgia Drug Diversion

If you have been arrested for possession of a controlled substance in Georgia, a drug diversion program may be negotiated in lieu of incarceration and other serious penalties. Drug diversion is generally only offered for first-time offenders charged with a lesser drug-related crime. A drug defense lawyer can determine if you are eligible for this program and help you negotiate a deal to avoid the other severe consequences associated with a controlled substance offense.

Prison populations are increasing at an alarming rate. To avoid adding to the problem, some jurisdictions participate in drug diversion programs to avoid sending drug offenders to jail or prison. Instead of incarceration, an offender may be able to obtain drug treatment, undergo counseling, perform community service, and make restitution for his or her crime. If the offender successfully completes the terms of drug diversion, his or her charges would be dismissed; however, those who violate the conditions may be sentenced on the charge and have the conviction on their record. Because the goal is to deter an offender from committing a similar crime in the future, second offenders are typically not granted this option.

If you meet the eligibility requirements, Diversion may be offered by the prosecutor or your defense lawyer may propose diversion to the prosecutor even before charges are filed with the court. Your lawyer can also wait until your first court date and ask the judge to evaluate your case for diversion.

If the prosecutor or judge decides to divert your case out of the criminal court system, you will meet with a probation officer who will conduct an investigation and determine if diversion is an appropriate option for you. If you are eligible, the probation officer will then recommend a program to the judge.  Another advantage of Diversion is that your license is not suspended.

The lawyers at Head, Thomas, Webb and Willis have a strong focus on defending drug-related cases. Thanks to their regular attendance at court, they are familiar with the prosecutors and judges who handle drug cases and can request drug diversion for your first offense. Having your charge diverted can help you avoid a criminal record and allow you to resume a normal life.

Are you interested in learning if drug diversion applies to your case? Please submit your contact information online now for a free initial consultation with a skilled defense lawyer.

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