Your driving record will reflect the diversion even after the program has been completed and the charge is dismissed. By law, the diversion program lasts exactly one year in Oregon. On rare occasions, persons may need a six month extension to complete the program requirements. Hopefully no. Often the treatment portion of diversion is completed in 12 weeks or so.
In either program you will be required to show at least 90 days of abstinence from alcohol and non-prescribed drugs. Urine tests UA's are used to ensure compliance with this abstinence requirement. Substance abuse treatment must be with an out-patient program. Programs completed while in a "controlled environment" such as residential treatment, in-house, in-patient, or treatment obtained while incarcerated do not meet the requirements to obtain a DUII Treatment Completion Certificate.
Urinalysis is still required. Almost always yes. The DUII diversion program requires the installation of an ignition interlock device during the one year diversion period under most circumstances. Consult your attorney about applying for early termination. The copy of the motion shall be served on the district attorney or city prosecutor at the time the motion is filed with the court. The district attorney or city prosecutor may contest the motion. In determining whether to grant the petition, the court shall consider:.
A negative report can result in the court terminating you from diversion for violating your abstinence requirement. Often a single violation will not result in termination; however, two or more violations will usually result in having a hearing where you will have to show cause why you should not be terminated from diversion. At a minimum, you will not be able to remove the IID early. If you're allowed to stay in the diversion program, the court may order you to restart or retake treatment.
Third, they monitor your compliance with the treatment and often other requirements. Finally, they report to the court compliance to the court. See generally ORS Clackamas County Circuit Court. Oregon City, OR Phone: Fax: PADES also covers:. City of Lake Oswego Municipal Court. City of Molalla Municipal Court.
City of West Linn Municipal Court. City of Canby Municipal Court. City of Gladstone Municipal Court. Columbia County Circuit Court. Multnomah County Circuit Court. Portland, OR Tillamook County Circuit Court. Astoria, OR Washington County Circuit Court. Hillsboro, OR Beaverton Municipal Court. Cell: See OAR 1 b. Grow Your Legal Practice. Meet the Editors. Diversion Programs. Diversion and first-offender programs give defendants a way to avoid criminal convictions.
How Diversion Works Diversion is a program that has been created by the state legislature and signed into law.
What Crimes Qualify for Diversion? Who Qualifies for Diversion? Common requirements for drug diversion in particular includes: no probation revocations for any prior offenses a period of being "clean," or without convictions, prior to the present case, and no diversions within a specified amount of time.
Talk to a Lawyer If you've been arrested or otherwise face criminal charges, consult an experienced criminal defense lawyer. Talk to a Lawyer Start here to find criminal defense lawyers near you.
Practice Area Please select Zip Code. How it Works Briefly tell us about your case Provide your contact information Choose attorneys to contact you. Legal Information. Criminal Law Information.
Proof and Defenses in Criminal Cases. Getting a Lawyer for your Criminal Case. Steps in a Criminal Defense Case. Arraignment: Your First Court Appearance. Plea Bargains in a Criminal Case. Legal Elements of Common Crimes. Expungement and Criminal Records. Defendants who complete their mental health programs may have their charges dismissed and sealed. Before , defendants were required to plead guilty as a requirement for diversion eligibility.
However, this changed in and a defendant is no longer required to plead guilty. Courts will give preference to treatment programs with a history of successfully treating individuals with trauma due to service in the military.
In general, military diversion programs last from 12 to 24 months. By law, the period during which criminal proceedings against a defendant may be diverted may not be longer than two years.
John Patrick Dolan defends those Californians charged with criminal offenses but he also helps them find the road to recovery through diversion programs and other available programs. Dolan has over forty years of experience helping well-intentioned Californians move forward from their criminal past and make lasting contributions to the Coachella Valley as valued members of the community. Call the Dolan Law Firm today at or find out more online here.
Dolan Law Offices Fargo St.
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