Yes, drug charges can be set aside. There are some exceptions to the motion to set aside, for example, if there are minors involved. For instance, if someone was labeled as a victim of a drug charge and they were under the age of 15, they are not going to be eligible to get that set aside. Most drug cases can be set aside, however.
Is A Drug Charge Automatically Removed From The Record Upon Completion Of A Diversion Program?
In this day and age of the Internet, you are going to be able to see that it’s dismissed by the county attorney once the diversion program is completed. So if somebody were to pull up just your felony conviction record, it wouldn’t show up on there. Now, if you get a charge acquitted, it also is not going to show up on that felony conviction background check. And if it shows up online, then you can say, “Well, yes, but I was acquitted of that,” which looks a little bit different than a diversion type of outcome. So obviously, yes, if you can go to trial and get acquitted, that’s the best case scenario because then to anybody that ever finds it, you can say, “Yes, I was charged with it, but I was found not guilty, and therefore those charges are moot.”
What Sets You Apart In Handling Felony Drug Cases?
We really take an approach to help the client out. It’s something that affects anybody and everybody. We feel a lot differently about drug cases. It’s something that affects a lot of people, and these are not bad people. When you think of criminals, like somebody on TV, you’re thinking of somebody that murdered someone or does something like that. Drug cases affect all walks of life. It hits very close to home for our family here; my partner, Robert, had a brother who was addicted to drugs and took his life this year. So it’s something that we really want to try and help clients with fixing the problem and not just the legal issue.
When we get clients in, that’s one of the things that we want to ask them, “Do you want to get help?” Now, there is the Alpha program that you can enroll in when you’re in jail, there is the TASK program that can get your case dismissed, and there are other drug treatment programs that you can go into. We want to help these people fight the underlying drug problem because if you don’t, there are only one of two things that happen: either you wind up dead because you’re overdosed or something happened, or you wind up in prison for a really long time because eventually you either steal or sell to feed your habit. And when that happens, you get young kids, 20- or 22-year-olds, that are now facing six 1/2 to 10 years in prison because of drug addiction. So it’s really something that hits close to home.
Our firm’s partner, Robert, comes from a very good family; it’s not something that you would ever expect. And oftentimes, unfortunately, you really don’t know until it’s too late. We really encourage families that have a loved one with a drug offense to not shut them out but to come into the office and talk to us to see what we can do to help because we don’t want to just treat the defense of the case. Ultimately, whatever happens with this criminal offense is not going to be what happens later in life; but if that person doesn’t get the tools they need to fight the addiction, then they are going to wind up either dead or in prison for an extremely long time.
We work with a few other companies that specialize in drug treatment. We’re helping to sponsor a foundation that’s going to help people with their drug addictions. A lot of that stems from the shock that we had this year, and it’s something that we wish no mother, no father, no brother and no friend ever has to go through. Having a loved one pass, in large portion because of drug addiction, is one of the worst things ever. He was a 27-year-old kid and just a life cut extremely short.
For more information on Setting Aside Drug Charges In Arizona, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (480) 400-1355 today.