Drug diversion in West Virginia

An arrest for a drug-related offense in West Virginia may include a wide range of types of substances as well as other circumstances. From prescription medications like opioid painkillers or anxiety and depression medications to illegal substances like methamphetamines and heroin, people may find themselves accused of criminal activities. These offenses range from possession to distribution and more. For some defendants, the ability to participate in a drug diversion program may be an option.

According to the West Virginia Judiciary, the state's drug court system is focused on taking a nonadversarial approach to select cases involving drug crimes. It seeks first to help people get treatment and rehabilitate so that they are less likely to continue any potential abuse of drugs and also less likely to be involved in future criminal activity relating to drugs.

There are generally five elements to a drug court program. These include both incentives and penalties, regular testing and monitoring of potential drug use, substance abuse treatment and supervision.

The West Virginia Legislature explains that not everyone charged with a drug crime in West Virginia may be eligible for a drug court. The diversion programs are to be made available to poeple early on before trial which also helps to reduce the load on courts. A diversion program may last as long as two full years and if it is successfully completed, a defendant may be able to avoid any further prosecution. Some exceptions to this may apply depending upon the provisoins outlined in the original agreement.

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