Diversion for Criminal Charges

[Rdsrn]

Just curious...how many people here have been charged with a felony for diverting at work and recieved diversion for these charges. My public defender is trying to get this by showing im in an extensive rehab program aka monitoring. I just wandered how likely it is or if anyone else has gotten this. I know it doesnt mean i will but I am curious.

[Surgerynurse]

On 2/7/2019 at 2:47 PM, Rdsrn said:

@nurse.etcI 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.

Who was filing the charges?? The employer or the sbon, I recently was fired for admitting to taking a narc from the pyxis, they told me they will have to report to the nursing board, but never mentioned any charges. Should I get a lawyer??? I really cant afford one, especially since I no longer have an income. I don't know what to do, how long to wait, etc. I have thought about getting a job at a store or something just so I can eat and pay my mortgage. Any insight will be appreciated

[Rdsrn]

@Surgerynurse hey there! So my employer filed a complaint with the board who forwarded it to the attorney generals office who then investigated the claims. They researched all my charting and Pyxis records, they decided to file charges. So basically it was the state of Indiana that filed charges against me. I did not get a lawyer I got a public defender. Charges were filed about 3 months after I got the complaint from the AG office. They initially asked me to respond with my statement which I did. They then continued the investigation. (An investigator wanted to speak with me which I declined bc I did not have representation).

[Rdsrn]

@Surgerynurse if I were you I’d get ahead of the game and try to get enrolled In Your states recovery program for nurses because the board will eventually require that and it could drag out for a long time. You may not go in front of them for some time and I think it’s best not to drag out the process.

[MichiganRN]

Do criminal cases happen a lot with diversion? If so, will they take into account if you've gotten help/treatment?

[Nurselee22]

MichiganRN said:

Do criminal cases happen a lot with diversion? If so, will they take into account if you've gotten help/treatment?

im in the same situation. Did you ever get criminal charges? I'm dying over here...

[Nurselee22]

nurse.etc said:

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 don't.... some get them totally dismissed, others don't.

Did you ever get charges? im in the same situation and any information will help. 

[Athenaray]

It is OVERWHELMINGLY likely for you BECAUSE you are in rehab and the precedence across the country for nurses who get charged for this is pretrial diversion/intervention/called different things in different states.

I was charged with 4 felonies in Idaho, Facing 20 years in prison. Upon getting caught and fired I was enrolled in a PHP program within 1 week and that was followed by IOP and then Aftercare and during all of that, 3 meetings per week of recovery and documenting it. My recovery recommendations for you...

Finish Rehab! It's huge for the prosecutor who makes the decision to let you in diversion (where the charges will be eventually dropped and expunged). Also, be absolutely sure to enter IOP then Aftercare after your PHP program. Do not wait because your diversion program will be 80 percent complete when you enter into it because you will have already been active in rehab. If you aren't working, enroll in college online. The diversion program will require you to either be working or be I college. Find a cheap online school. The diversion program manager will want proof. Also you increase your chances of getting accepted into pretrial diversion/intervention by enrolling in school along with the rehab, or if not enrolling in college, get a job of some kind. Doesn't matter what kind. 

Warning....if you quit rehab or you only do a PHP program and don't do IOP and you aren't working in any capacity and aren't enrolled in college, your chances of getting into pretrial intervention/diversion start to dramatically plummet. 

The Prosecutor decides who gets in Diversion. Your lawyer tries to convince them. What is the Prosecutor looking for? Rehab. And I mean true rehab not a 2 week Detox that you call 'rehab." They want the 6 week PHP, followed by the 6 week IOP, followed by Aftercare and during all of that time, 3 recovery meetings per week (one hour each) and either enrolled in college or working. Those are critically important. Doing the above is a slam dunk to be accepted into Diversion/Pretrial Intervention. Also critically important, enroll in your states nurse monitoring program NOW if you already haven't. This helps you from a recovery standpoint, but it also gets you in a random drug testing program which the Prosecutor loves to see. Also, it starts your 5 years of monitoring as soon as you enter, so your 5 years are up sooner (if you stay in nursing) instead of waiting to start into the monitoring program 6 months down the road when the nurse board gives you the consent order and mandates it. 

[Nurselee22]

JB C said:

It is OVERWHELMINGLY likely for you BECAUSE you are in rehab and the precedence across the country for nurses who get charged for this is pretrial diversion/intervention/called different things in different states.

I was charged with 4 felonies in Idaho, Facing 20 years in prison. Upon getting caught and fired I was enrolled in a PHP program within 1 week and that was followed by IOP and then Aftercare and during all of that, 3 meetings per week of recovery and documenting it. My recovery recommendations for you...

Finish Rehab! It's huge for the prosecutor who makes the decision to let you in diversion (where the charges will be eventually dropped and expunged). Also, be absolutely sure to enter IOP then Aftercare after your PHP program. Do not wait because your diversion program will be 80 percent complete when you enter into it because you will have already been active in rehab. If you aren't working, enroll in college online. The diversion program will require you to either be working or be I college. Find a cheap online school. The diversion program manager will want proof. Also you increase your chances of getting accepted into pretrial diversion/intervention by enrolling in school along with the rehab, or if not enrolling in college, get a job of some kind. Doesn't matter what kind. 

Warning....if you quit rehab or you only do a PHP program and don't do IOP and you aren't working in any capacity and aren't enrolled in college, your chances of getting into pretrial intervention/diversion start to dramatically plummet. 

The Prosecutor decides who gets in Diversion. Your lawyer tries to convince them. What is the Prosecutor looking for? Rehab. And I mean true rehab not a 2 week Detox that you call 'rehab." They want the 6 week PHP, followed by the 6 week IOP, followed by Aftercare and during all of that time, 3 recovery meetings per week (one hour each) and either enrolled in college or working. Those are critically important. Doing the above is a slam dunk to be accepted into Diversion/Pretrial Intervention. Also critically important, enroll in your states nurse monitoring program NOW if you already haven't. This helps you from a recovery standpoint, but it also gets you in a random drug testing program which the Prosecutor loves to see. Also, it starts your 5 years of monitoring as soon as you enter, so your 5 years are up sooner (if you stay in nursing) instead of waiting to start into the monitoring program 6 months down the road when the nurse board gives you the consent order and mandates it. 

OMG this is so scary. I just had my interview with the investigator and the things she brought up  were terrifying. I just enrolled in my state nurse program right after I hung up with the investigator. I fear I'm going to get charges too. Did you end up doing any time? I'm also afraid I'm gonna be on the news... like one of those scary cases. Mine is just diversion but still I'm terrified. When did you get charges before the investigation or after? 

[JM84]

You will be fine, just do the next right thing. Follow your lawyers advice. Enroll in state monitoring program, go to meetings everyday and get signatures. Not to play devils advocate but if you get criminal convictions you will get probation. You will work again as a nurse it will just take a little time to sort things out. I had 1 felony, eventually expunged. I'm Working as a duel certified nurse practitioner. These things you are going through are not the end of you. 

[Nurselee22]

JM84 said:

You will be fine, just do the next right thing. Follow your lawyers advice. Enroll in state monitoring program, go to meetings everyday and get signatures. Not to play devils advocate but if you get criminal convictions you will get probation. You will work again as a nurse it will just take a little time to sort things out. I had 1 felony, eventually expunged. I'm Working as a duel certified nurse practitioner. These things you are going through are not the end of you. 

Thank you. 
I hope so.  So do have to do probation and the program? Also, my problem is that I'm moving in June, permanently to California. Have you known anyone leaving the program and joining another states program ?

[Athenaray]

Nurselee22 said:

OMG this is so scary. I just had my interview with the investigator and the things she brought up  were terrifying. I just enrolled in my state nurse program right after I hung up with the investigator. I fear I'm going to get charges too. Did you end up doing any time? I'm also afraid I'm gonna be on the news... like one of those scary cases. Mine is just diversion but still I'm terrified. When did you get charges before the investigation or after? 

If you get into a pretrial diversion/intervention program, you don't do time and your criminal charges are dropped or reduced to misdemeanor, but usually dropped. This program ranges from 3 months to 12 months depending on the state. You drug test while in it, and it requires to do Rehab and recovery meetings and either be working or inncollege. By enrolling already in your nurse monitoring program, you are meeting about 80 to 90 percent of the pretrial intervention/diversion requirements and when you finish that program, they drop the charges usually or reduce to misdemeanor and you pay a small fine. By enrolling in your nurse monitoring program you dramatically just increased your chances of getting into the pretrial diversion/intervention program, and if you complete thst program there is no trial. Charges are dropped like mine were and I did no time.

Warning. Do not have a positive test while in pretrial intervention/diversion program. God help you if you do. They kick you out of the program and send you to trial and it'd overwhelmingly likely you will do time in that case. 

You will be fine. Comply with the program, finish Rehab, and your charges will be gone 1 year from now and you will have no criminal record.

[Athenaray]

Nurselee22 said:

Thank you. 
I hope so.  So do have to do probation and the program? Also, my problem is that I'm moving in June, permanently to California. Have you known anyone leaving the program and joining another states program ?

That's not going to happen regarding moving. It's difficult to do that program from another state. I've never heard of it wih someone moving. There is no probation if you complete the program. There is no punishment of any kind. All charges are dropped upon completion, but trust me on this, moving to another state is going to be tough to not possible. If you move to another state, they will likely tell you thst you can't do the intervention program and have to go to trial and face charges. Trust me, you do NOT want to go to trial.