Delaware Drug Diversion Program

In Delaware, if you are charged with a drug offense and need treatment, you may be eligible for the drug diversion program. Drug diversion is a treatment program that allows you to have your drug charges dismissed if successfully completed. Initially, you must plead guilty, but if you successfully complete the program you can have your charges expunged. Your case may be heard in Court of Common Pleas or Superior Court.

Court of Common Pleas Drug Diversion

If you are charged with a misdemeanor marijuana offense, drug paraphernalia, or you are a minor facing a drug charge, your case will likely heard in the Court of Common Pleas (CCP).

To complete the CCP diversion program you must attend 12 group treatment sessions and give 14 negative urine screens. The CCP diversion program typically lasts 14 weeks. If you give a clean urine on your first screen you may be eligible to "fast-track" the program and finish in 8 weeks. If you complete the diversion program a Court of Common Pleas Judge or commissioner will present you a graduation certificate. From there, the charges against you are dismissed.

Contact a lawyer prior to entering drug diversion in the Court of Common Pleas. Scheduling the case for trial could be a better option than doing the program. Contact my office at (302) 482-4802 to discuss your options.

Superior Court Drug Diversion

The Delaware Superior Court has jurisdiction over most drug offenses. The Superior Court Drug Diversion Program is longer than the Court of Common Pleas Program.

You may be eligible for drug diversion in Superior Court if you are charged with your first possessory offense or your first low level dealing charge. If you enter the program you will have to attend an initial interview. You will be assessed by a health professional who will create a recovery plan with you.

In order to complete Superior Court Drug Diversion you must:

  • attend a minimum of 6 months
  • give 18 consecutive negative urine screens
  • attend 12 group counseling sessions which are 90 minutes long
  • attend individual counseling, if recommended
  • attend Court once a month for a review with the judge
  • remain arrest free while on the program
  • complete the goals outlined in your recovery plan
  • attend an exit interview

If you come up positive on a urine screen or violate another program rule intermediate sanctions may be imposed. Intermediate Sanctions may include:

  • additional drug testing
  • homework
  • additional counseling sessions
  • more intense treatment
  • a warning
  • an overnight jail stay
  • community service hours

It is up to the judge or commissioner to terminate you from the program. You may be terminated for the following reasons:

  • continued use of illegal drugs
  • repeated absence from class or therapy sessions
  • a new arrest
  • failure to complete any treatment program
  • failure to abide by intermediate sanctions

If you do not comply and you fail the program, a termination hearing will be held. Your attorney will have the opportunity to speak at this hearing. If you are terminated a stipulated bench trial will be held and you will be found guilty of the underlying charge[s]. You will proceed straight to sentencing on the original charge.

Contact Us

Call Jason Antoine, Drug charge defense lawyer at (302) 482-4802 for a free consultation. We will review your case for any potential legal defenses to the drug charges. It may be better for you to take the case to trial rather than participate in drug diversion if there is a viable defense to the charge.