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CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 24416
Experience:  10+ years defending Misdemeanor and Felony cases.
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I live kentucky and am in felony diversion of heroin about

Customer Question

Hi I live kentucky and am in felony diversion for possession of heroin about .9g, i got 1 year supervised and 1 unsupervised I have been doing good keeping a steady full time job paying all my fees on time and I am on the 13 month of it only got drug tested a couple of times in the beginning and passed it, however last month I had a relapse and of course I got asked to drop and tested positive for opiates and benzos, but I do have a valid prescription for benzos what can I expect now and when is it the right time to hire a lawyer I am freaking out and out of my mind and rightfully so.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  CrimDefense replied 1 year ago.

I certainly understand the situation and your concern. The first thing to be aware of, is that failing a test could subject you to getting kicked out of the program. However, the State knows that relapse does happen sometimes in treatment and recovery, so you may get a second chance to stay in the program but with additional conditions imposed. They may want more treatment, so you need to read and review the terms and conditions of the diversion program, which should address what happens if you fail a test. Since you are not on probation, it is not a situation where you can be violated but the failed test could result in your removal. You can speak with the person in the program and ask them what they are going to recommend and you would want to retain an attorney prior to your next court appearance. It is serious, cause I am inclined to believe if you complete the diversion, that the charge would be dropped, so you need to do whatever you can to stay in it.

Expert:  CrimDefense replied 1 year ago.

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