Diversion for Criminal Charges

nurse.etc · Feb 7, 2019

I havent been charged yet, but I fear it is coming. That being said, I've stalked so so so many cases.

From what I've seen, many get reductions of felonies to misdemeanors and serve probabation. One case I read about was dismissed as long as they completed their RMA. There was another one that stemmed from the same hospital I was at who just got a diversion agreement. This person had 3 felonies and 1 misdemeanor... and the person wasnt even in monitoring. I think it just very much depends. As unfair as it is. Some get charges, some dont.... some get them totally dismissed, others dont.

Rdsrn · Feb 7, 2019

@nurse.etc I am REALLY hoping for a diversion agreement. I would even be happy with drug court in order to get a dismissal. Although my public defender thinks that's a bit overkill with me already being in monitoring. ?. Im to the point where I just don't want the felony, as long as its reduced to misdeameanor I would be happy. Im only charged with one. But at the end of the day I know I only have myself to blame. I do believe that whatever is supposed to happen will happen though. Learning a lot about just accepting things that I cannot control. I am doing absolutely everything I can do. The rest is out of my hands. But I do enjoy getting other peoples input and stories.

Indiana RN, BSN · Feb 9, 2019

I was charged with 2 felonies, attorney attempted to get both dropped and into the diversion program but he was told they are tired of seeing these cases and are cracking down.

They did drop one felony and lowered the other to a misdemeanor. I received 1 year probation, which I finished last month! Yay! Now if these next 22 months in INPRP go by as fast! ?

Rdsrn · Feb 9, 2019

@Indiana RN well that sucks for me ?. How hard is it to get a job with a misdemeanor? I work at plasma center and they dont care but after all this court stuff i eventually want to go back to bedside.

nurse.etc · Feb 10, 2019

You can usually get misdemeanors expunged from your record. Then they do not show on background checks.

There is waiting period and other requirements usually to meet... oh and of course lawyer fees and court fees, because money am I right.

@Indiana RN what did your probation consist of you doing? Typically isnt it drug screens, meetings and treatment? Could you leave the state?

Indiana RN, BSN · Feb 11, 2019

No, I could not leave the state. I didn't need to do anything but see my probation officer every 2 months. The judge said since I was in INPRP I didn't need to also drug test for probation. Basically he emailed my caseworker in INPRP asking her to let him know if I ever test positive.

And in Indiana, you have to wait 5 years to get a misdemeanor expunged.

RN0904, BSN, RN · Feb 15, 2019

From what I have been told recently, everyone who diverts is getting charged now in Indiana. I am fortunate that my lawyer was able to get me a diversion deal, not drug diversion court. I was able to prove my good standing in monitoring, therefore all I had to do was pay the court costs. No probation, no community service, nothing else. There will be no charges on my record.

Rdsrn · Feb 15, 2019

@RN0904 thats what im really hoping for! We will see though..it seems like they do different things with every case. Was it marion county?

got_nurseing73 · Apr 23, 2019

if you weren't arrested or charged rite away...how long do you think it would take if they were going to criminally charge you? its been over a year. surrendered license .? I was told criminal and nursing board are 2 separate issues

Rdsrn · Apr 23, 2019

@got_nurseing73 i got charged 3 months after getting caught diverting. But i was investigated before that so i was aware that criminal charges may be coming. I would think that you would have already been charged criminally. And yes nursing and criminal are different. I havent even went in front of board yet.

got_nurseing73 · Apr 23, 2019

its my wife not me and its been a long year and half...decided the hoops aren't worth the stress just changing carriers. Just hope for no legal issues we heard the state has 3 years but was looking for information from people who have experienced.