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DEA Defense Attorneys Explain the Benefits of Drug Diversion Programs

March 21, 2024 Uncategorized

DEA Defense Attorneys Explain the Benefits of Drug Diversion Programs

Drug diversion programs aim to provide treatment and rehabilitation rather than incarceration for those struggling with substance abuse issues. As DEA defense attorneys, we believe these programs can be beneficial alternatives that address the underlying causes of addiction for some defendants. However, there are also important considerations we explain to our clients regarding program eligibility, legal implications, and potential outcomes.

Eligibility Varies Across Jurisdictions

Eligibility and availability of diversion programs varies widely depending on the jurisdiction, court, and specifics of the case. Factors like the type and severity of charges, criminal history, admission of guilt, and completion of court-ordered conditions impact whether a defendant qualifies for diversion programs. For example, some courts may offer pre-trial diversion while others focus on convicted offenders. As experienced DEA attorneys, we guide clients through assessing their options.

Weighing the Legal Tradeoffs

While diversion programs allow avoiding or reducing sentences, participation requires admitting guilt and waiving certain legal rights and defenses. There are complex tradeoffs to weigh given the strict requirements like drug testing, counseling, fees and time commitments. Our role is to clearly explain these considerations so clients can make informed decisions aligned with their legal and health interests.

Demanding Requirements, But Charges May Be Dropped

Completing a diversion program can lead to charges being dismissed or significantly reduced, avoiding consequences of a criminal conviction. However, they demand full compliance with testing, treatment, counseling and costs. As DEA lawyers, we make clients aware — relapse or failure to finish the program means original charges likely get reinstated. Success rates vary case by case.

Tailored Defense Strategy Still Critical

Even when clients opt for diversion programs, having an experienced defense lawyer is critical. We develop strategies accounting for individual circumstances, charges and addiction history. If relapse occurs, we deploy best defenses to avoid revoked deals or maximize client options. While beneficial, these programs have nuanced implications that require expert guidance.

As DEA defense attorneys, we explain diversion programs highlight the complex intersections between criminal justice and addiction treatment systems. Our role is to provide experienced counsel through assessing options, legal defenses and strategic negotiation to best serve client interests. Every case has unique considerations. Contact our firm to explore your options.

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Todd Spodek

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RALPH P. FRANCHO, JR

Associate

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JEREMY FEIGENBAUM

Associate Attorney

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ELIZABETH GARVEY

Associate

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CLAIRE BANKS

Associate

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RAJESH BARUA

Of-Counsel

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CHAD LEWIN

Of-Counsel

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