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Discussion

Dealing with the AG's office

Hello everyone, I'm looking for experiences with dealing with the Attorney General's office. I got caught diverting one Norco back in November and was terminated from my job. I did have a negative drug screen I guess it was because I was tested shortly after I took it. I was reported to the AG's office and the nursing board. I haven't received a complaint from the board yet, but I did get a call from the Attorney General's office yesterday wanting to meet with me to give my side of the story. Surely they will not want to prosecute since it was one narcotic and my drug test was negative. I'm consulting with a lawyer. I just wanted some personal experiences if y'all had any to give. Thank you!

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    I was charged and prosecuted years ago. I am not a lawyer and can't give you legal advice, but I can give what is common knowledge that most people in America are well aware. That is....do not speak to the AGs office without an attorney present. Myattorney made that very clear to me. The Ole "your side of the story trick" is an attempt to build a case against you. Good Luck and yes, if you have been contacted by the AGs office, they are attempting to build a case and if they build a case, they will prosecute or attempt to prosecute. Talk to your lawyer.

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    Regalnurse said:

    I was charged and prosecuted years ago. I am not a lawyer and can't give you legal advice, but I can give what is common knowledge that most people in America are well aware. That is....do not speak to the AGs office without an attorney present. Myattorney made that very clear to me. The Ole "your side of the story trick" is an attempt to build a case against you. Good Luck and yes, if you have been contacted by the AGs office, they are attempting to build a case and if they build a case, they will prosecute or attempt to prosecute. Talk to your lawyer.

    How did your case turn out? What were you charged with

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    Charged with Illegal Substitution/Distribution of a narcotic which is the fancy legal way of charging for Diversion. Charged with 3 counts/felonies and each count carrying up to 5 years for a possible max sentence of 15 years. I was admitted into a pre-trial intervention program which meant I had to drug test weekly for 16 weeks, do 40 hours of community service, pay 400 dollars, and do 100 hours of meetings/recovery and either work a minimum of 20 hours per week or be in college fultime and have a minimum of a B average. The program was about 16 weeks (4 months) and after completion, all Charges dropped and the arrest record was expunged. What I went through is normal for nurses who divert their first time and get charged. Most nurses don't get charged, but some do, and if you get charged, what I described above is the common outcome for nurses of which this is their first offense. Different states have different name for this program. Their are small variances in requirements for each state and county within that state, but roughly the same. The names vary and are called things like PreTrial Intervention, PreTrial Diversion, Alternative to Sentencing, Deferred Prosecution, etc. They last from 4 months to about 1 year, and if you are compliant, criminal charges are dropped and record expunged, and if non compliant, you will serve time in prison with a felony conviction. Most nurses fall into the program described above. Some nurses cant get into a program like the one described above because their county/jurisdiction doesnt have a program like one described above, but they get into Drug Court. Drug Court is usually a little longer such as 12 to 18 months and upon completion, the nurse sometimes has the charges dropped and if charges are not dropped, the charges are reduced to simply a misdemeanor of which you technically will have a criminal record, but its not a felony. A misdemeanor isn't a career ender. A felony kind of is a career ender. A PTI program like the one I described first is the one you want, but if not available, Drug Court is option 2 because Drug Court is still better than ending up with a Felony.

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    Thanks for the info. This isn't my first time for diversion but it's the first time the AG office has gotten involved. I wonder if it will be considered a first time or 2nd time offense.

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    mississippiRN71 said:

    Thanks for the info. This isn't my first time for diversion but it's the first time the AG office has gotten involved. I wonder if it will be considered a first time or 2nd time offense.

    How many times you have diverted is irrelevant. Its all about how many times a criminal case has been opened/AG involvement, and since its never in your case, that helps. What can improve your chances of getting into a PreTrial Intervention Program? Rehab. Pre trial intervention programs are ran and operated by the AG. The AG is also known as the prosecutor or District Attorney. Same person and called 3 different things depending on your state. That AG has to Agree with/allow your defense attorney to allow you into the program. What is common as part of that agreement? A 6 week PHP program. Its automatic. If you haven't gone to a PHP since your most recent diversion, trust me, you are going if you want in a PreTrial Intervention program. They don't care if you went 3 or 5 years ago. They will want a PHP program since your most recent diversion incident.

    With my PreTrial Intervention program, in addition to th requirements listed in my previous post, the obvious one was a PHP program and full compliance with my states BON monitoring program. I couldn't get admitted to the PreTrial Intervention program without having gone into a 6 week PHP program and also enrolled in a 6 week IOP program that immediately followed the PHP program. The criminal side/AG does not care about the nursing side regarding your ability to use your BON monitoring program drug test results and daily check in to fulfill requirements for the PreTrial Intervention Program Drug test requirements. You will be doing 2 programs and test when selected for the PreTrial Intervention program and for the BON monitoring program. You will be required to work or be in college. The AG doesnt care if your nurse license is suspended. They will yell you to work at a gas station or family dollar store, but you will work or you have to enter college.

    If I were you. If you haven't already, go to rehab now. If you aren't working or cant work, enter an online college and pursue a simple degree in something that interests you and enroll. Remember, you can withdraw from the college after you complete the program.

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