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If you are charged with a non-violent, drug-related crime in Monroe County, you may be able to take part in a diversion program to receive a more favorable plea deal, or even to avoid jail.
The crime doesn't have to specifically involve drugs for you to participate in a diversion program. For example, if you were charged with Resisting Arrest because you freaked out while on LSD, you might be able to take part in a diversion program.
The diversion program essentially consists of going and getting a substance abuse assessment from an agency certified by the NYS Office of Alcohol and Substance Abuse Services. You have to follow through with any recommended treatment, and make regular court appearances for monitoring while you participate.
After 5-8 months, assuming you have completed treatment successfully, and also followed through on any other conditions (community service, taking classes specified by the court, etc.), your case goes back to the judge for "disposition."
Disposition means that the court is going to finish (or dispose of) your case. That might mean you are granted an Adjournment in Contemplation of Dismissal (ACD), or perhaps you will be allowed to plea to a non-criminal offense like Disorderly Conduct. It all depends on the deal your lawyer made before you started the program.
If you have a substance abuse problem and you are facing a criminal charge, contact The Militello Law Firm to discuss whether there is an alternative such as diversion. Our number is (585) 485-0025.
Militello Law Firm, PLLC
2480 Browncroft Blvd.
Rochester, NY 14625
1 University Drive
Geneseo, NY 14454
Fax: (585) 286-3128