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Helping Clients Move Toward A Brighter Future

In Kentucky, there is a program for individuals who have made mistakes by committing drug-related crimes but are not habitual offenders. Known as “pretrial diversion,” this program can help eligible defendants avoid imprisonment and criminal records. Upon successful completion of the program, the charges against the individual will be dismissed. If you have the option to do so, getting into a diversion program can be a great idea. However, the decision to let you into the program is often up to the prosecutor and judge.

At Landon Law, our Lexington drug diversion lawyers have over 20 combined years of experience. They have a proven track record of helping clients get second chances through these pretrial diversion programs. Get in touch today for a free consultation to see if you qualify for a drug diversion and treatment program.

Call 859-712-0237 for sound legal advice about the right path forward.

The Non-Felony Diversion Program In Lexington

If you have been charged with a drug-related misdemeanor, you may be eligible for the non-felony diversion program in place of criminal prosecution.

Many defendants are eligible for these programs; however, some people may be denied entrance into these programs. Sometimes, the reasons they are denied include:

  • They have prior criminal convictions.
  • They have previously completed a diversion program.
  • They were charged with a violent crime.
  • They were charged with DUI.
  • They were charged with a felony.

At Landon Law, we can review your case and represent you so that you can maximize your chances of entry into one of these programs and are prepared to complete the program.

Common reasons that a trial judge might not approve entrance into a pretrial diversion program include:

  • There is a significant risk that the defendant will flee the court’s jurisdiction before completing the diversion program.
  • They believe the defendant will commit another crime before program completion.
  • It is apparent that the defendant needs the type of correctional treatment that comes from being placed in county jail.
  • Participation in a drug diversion program would inordinately disparage the severity of the defendant’s crime.

Since a judge can bar a defendant who is otherwise eligible from entering a drug diversion program in place of criminal proceedings, it is important to be represented by a skilled legal team. We can help you make a compelling case before the judge regarding why a pretrial diversion program would be best for your situation.

Pretrial Diversion For Class D Felonies

One of the most common crimes that qualify for pretrial diversion for a Class D felony is felony drug possession.

Typically, a defendant will be eligible for a drug diversion for a Class D felony if:

  • They have no previous felony convictions within 10 years of the current alleged crime.
  • They have not been on probation or parole within 10 years prior to the alleged commissioning of the current crime.
  • They have not been released from incarceration for a felony within 10 years of the current alleged offense.

If eligible, you will need to apply for an entry of a pretrial diversion order with the circuit court and the commonwealth attorney. The law firm that is representing you will negotiate with the Commonwealth’s Attorney’s Office and try to get a deal for you to enter a pretrial diversion program. If the commonwealth’s prosecutor and the judge agree to allow you into the program, a pretrial diversion order is entered, and you will be allowed to complete a treatment program.

Find Out If Pretrial Diversion Is Right For You

If you have been charged with a crime, you are likely uncertain about what to do next. The drug diversion attorneys at Landon Law are here to help you understand your rights and legal options, and they are ready to guide you through every stage of the legal process. Schedule your free case evaluation today and learn about how you can avoid jail time.

We fight hard to protect our clients’ rights and freedom. Call 859-712-0237 today to get a reliable team of criminal defense attorneys on your side.