Diversion for Criminal Charges

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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.

JB C said:

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.

my entire family, husband and kids are moving. my husband has a signed contract for august 2025. I have to move. I'm goin to move mountains even if I have to start the program over on another state. ugh what has my life become 

Specializes in Psych.
got_nurseing73 said:

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

Yes it is two different issues 

P.S. you likely will get charged and like I said, you will also eventually have these charges dropped and have no criminal record if you do the rehab, enroll in nurse monitoring program which starts testing, start AA or NA or Celebrate Recovery now. You will give all of the above to your lawyer and this will get you into the intervention/Pretrial program with the court which is the method to getting yoir charges dropped.. Comply with therapy and meetings and don't do drugs or alcohol, and your charges will be gone in 1 year and you will return to nursing and you will OK. If you decide nursing isn't for you and you want to be done with it I still recommend staying in your nurse monitoring program until the criminal charges are gone (completion of the criminal intervention program) because you want to show the prosecutor you are proactive in recovery and are being drug tested which overwhelmingly increases your chances of getting into the intervention program.

Obviously, do what your lawyer tells you. I'm giving my advice to you from the recovery/nursing side of the equation, not the legal side as I am not an attorney. I'm telling you what I did and what my attorney told me, and it worked 

 

JB C said:

P.S. you likely will get charged and like I said, you will also eventually have these charges dropped and have no criminal record if you do the rehab, enroll in nurse monitoring program which starts testing, start AA or NA or Celebrate Recovery now. You will give all of the above to your lawyer and this will get you into the intervention/Pretrial program with the court which is the method to getting yoir charges dropped.. Comply with therapy and meetings and don't do drugs or alcohol, and your charges will be gone in 1 year and you will return to nursing and you will OK. If you decide nursing isn't for you and you want to be done with it I still recommend staying in your nurse monitoring program until the criminal charges are gone (completion of the criminal intervention program) because you want to show the prosecutor you are proactive in recovery and are being drug tested which overwhelmingly increases your chances of getting into the intervention program.

Obviously, do what your lawyer tells you. I'm giving my advice to you from the recovery/nursing side of the equation, not the legal side as I am not an attorney. I'm telling you what I did and what my attorney told me, and it worked 

 

Thank you so much for responding. So I'm trying to get this straight you're saying start 

Rehab 

Nurse assistance program 

AA NA 

Celebrate recovery now 

 

are these all different entities? I'm so confused. The only program I just signed up was HPRP which is my states nursing recovery. 
 

im so sorry it's my first time in this mess 

Nurselee22 said:

Thank you so much for responding. So I'm trying to get this straight you're saying start 

Rehab 

Nurse assistance program 

AA NA 

Celebrate recovery now 

 

are these all different entities? I'm so confused. The only program I just signed up was HPRP which is my states nursing recovery. 
 

im so sorry it's my first time in this mess 

1.Start recovery which is a partial hospitalization program PHP which is 6 weeks and follow that with 6 weeks of IOP. Those 2 above are recovery.

2. You are already enrolled in HPRP which is your nursing state monitoring program and that is good.

3. Begin going to meetings. Do 3 hours of meetings per week and your choice Alcoholics Anonymous or NA or Celebrate Recovery. You can do a combination of the above or just do AA or just do CR or NA or whatever. Just do 3 meetings weekly and start those now and keep a record.

4. When you are done with the 6 week PHP, get a job or enroll in college. It doesn't matter what degree. Just begin taking college classes and you can withdrawal after you finish the criminal side of the equation, or if no college get a job somewhere.

A. Rehab means a 6 week PHP program then a 6 week IOP program (done via zoom) and a 1 hour per week Aftercare program done via zoom which is 52 weeks. That's rehab

B. The HPRP program is your nursing drug testing program where you check in daily and go pee if selected. It will require you to go to Rehab (see above) and do 3 recovery meetings per week, so you might as well get started.

C. Recovery meetings are in the community. Google AA, NA, CR.

D. Now the criminal side of the equation. The way you get your charges dropped is by your lawyer getting you into something called pretrial intervention or pretrial diversion. This is NOT related to ANY of the above (A through C). It is a 3 to 12 month program where you drug test at the court weekly and the program mandates you to go to Rehab and either work a job or be in college. After you complete this program, your charges get dropped and the criminal side is OVER. No punishment or probation. It's over and all that leaves is the nursing side of the equation.

TWO BIRDS with ONE Stone. Your BON/HPRP will mandate you to go to rehab and so will the pre trial intervention/Pretrial trial diversion program side. So again, go onto rehab now and you knock out the requirment for this for both the nursing side and the criminal side. Your HPRP and also, the pretrial diversion program will mandate you do 3 recovery meetings per week. Better get started now as you knock out the recovery meetings which meets both program requirements.

The criminal side of the equation/pretrial intervention/Pretrial diversion program lasts from 3 months to 12 months duration and then it's OVER. But......it is NOT automatic that you will get accepted into the pretrial intervention/criminal side of the equation program. If you don't get in, you will go to trial and the risk for prison is high. How do you get into the pretrial intervention program which leads to all charges dropped and no punishment and no criminal record after you complete it? You START rehab NOW. You enroll in the HPRP (which you have-good job) and you attend the 3 meetings weekly starting now. 

The District Attorneys/Prosecutors run the pretrial intervention/diversion programs and they decide who gets in. Your lawyer is making an argument for you to get in. What does he have to convince the prosecutor to allow you in? How does the Prosecutor make his or her decision? They want to see that you are redeemable (which you are). They want to see that you are attending meetings for recovery 3 times per week. They want to see that you went to rehab on your own long before you were made or forced to go by a court. They want to see that you are already being drug tested and enrolled in the HPRP program. This seals the deal for them. They allow you to enter the program which is a Blessing trust me. And again, you are going to be forced to go to rehab anyway and if you don't the risk for prison is very high, and from the nursing side HPRP, they are going to mandate you go to rehab in order to keep your license and be in compliance with the HPRP so again, it's better to go to rehab now. Tell your lawyer where you are going and that is HUGE, a huge positive for you with the prosecutor.

Here's your warning and I've told this to about 400 nurses in my time. Roughly 75 if them do it and 25 percent don't.  Not going to rehab early will end badly for you not just from a recovery standpoint, but from a criminal standpoint. Some nurses will wait and wait and wait and in 6 months, the criminal side forces them to go and their criminal issues are drawn out for 2-2 years Instead of being over with in as soon as 3 or 4 months if they would have just gone to rehab. Additionally, the BON doesn't let them return to work until they have completed a PHP and IOP program. For the ones that go to rehab early on, 100 percent of them are admitted into the pretrial intervention/diversion program and their criminal charges are dropped. 

 

JB C said:

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.

Can I please email you? 

Nurselee22 said:

Can I please email you? 

Sure

Nurselee22 said:

Thank you so much for responding. So I'm trying to get this straight you're saying start 

Rehab 

Nurse assistance program 

AA NA 

Celebrate recovery now 

 

are these all different entities? I'm so confused. The only program I just signed up was HPRP which is my states nursing recovery. 
 

im so sorry it's my first time in this mess 

Not all states require any iop or inpatient rehab..you could do the initial state monitoring program but can't work in a second state while under thar plan. California has one of the more brutal programs. 

Healer555 said:

Not all states require any iop or inpatient rehab..you could do the initial state monitoring program but can't work in a second state while under thar plan. California has one of the more brutal programs. 

Nurselee22 do not listen to that post. She's wrong and here is why she is dead wrong. She's never been in the criminal process and she's approaching this strictly from a nursing point of view. She has no clue or concept about the criminal requirements of a pretrial diversion/intervention program with the court which absolutely 100 percent of the time for nurses who divert and are charged WILL require you to do a PHP and IOP. Notice how she changed the words or added the words "inpatient" to PHP. A PHP is an outpatient program. She does not know what she's talking about and these people are DANGEROUS when trying to give advice when criminal charges are in play.

Go to rehab. Don't wait, don't pass go, don't collect 200 dollars, go to Rehab and yes, if you DIVERT, that BON will require it of you want to stay in nursing. The BON doesn't require PHP or IOP for minor infractions like Weed or a DUI, at least some BONs don't, but trust me on this, they will require you to in Michigan and again, forget about the nursing side. Right now, your biggest concern is the Criminal Side and any diversion/Pretrial intervention program requires PHP and IOP for nurses who are criminally charged.

Last thing, when you read this and walk away from the computer. Do Rehab immediately and don't let anyone talk you out of it because it will be as big of a mistake as diverting drugs itself by not going and it could cost you literally...your freedom. Take it from someone who was charged and has been through the process. For someone posting in this thread who has never been through the criminal process and chiming in, tune them out. They sound "so sure." Trust me, they do not know what they are talking about

JB C said:

Nurselee22 do not listen to that post. She's wrong and here is why she is dead wrong. She's never been in the criminal process and she's approaching this strictly from a nursing point of view. She has no clue or concept about the criminal requirements of a pretrial diversion/intervention program with the court which absolutely 100 percent of the time for nurses who divert and are charged WILL require you to do a PHP and IOP. Notice how she changed the words or added the words "inpatient" to PHP. A PHP is an outpatient program. She does not know what she's talking about and these people are DANGEROUS when trying to give advice when criminal charges are in play.

Go to rehab. Don't wait, don't pass go, don't collect 200 dollars, go to Rehab and yes, if you DIVERT, that BON will require it of you want to stay in nursing. The BON doesn't require PHP or IOP for minor infractions like Weed or a DUI, at least some BONs don't, but trust me on this, they will require you to in Michigan and again, forget about the nursing side. Right now, your biggest concern is the Criminal Side and any diversion/Pretrial intervention program requires PHP and IOP for nurses who are criminally charged.

Last thing, when you read this and walk away from the computer. Do Rehab immediately and don't let anyone talk you out of it because it will be as big of a mistake as diverting drugs itself by not going and it could cost you literally...your freedom. Take it from someone who was charged and has been through the process. For someone posting in this thread who has never been through the criminal process and chiming in, tune them out. They sound "so sure." Trust me, they do not know what they are talking about

Michigan  monitoring programs don't always require nurses to go to rehab or any type.  I know someone in their program True I have never committed a felony and never will.  I.am certain that every state is different.  The lawyer would know if it's necessary. 

I'm no expert but neither are you. Why not have Nurselee22 do what her lawyer suggests? 

Healer555 said:

Michigan  monitoring programs don't always require nurses to go to rehab or any type.  I know someone in their program True I have never committed a felony and never will.  I.am certain that every state is different.  The lawyer would know if it's necessary. 

I'm no expert but neither are you. Why not have Nurselee22 do what her lawyer suggests? 

Nobody ever said Michigan monitoring programs require ALL nurses to go to rehab. Reading comprehension 101. I said if..... you could actually READ, if you are in Michigan and you diverted as a nurse and are criminally charged you WILL be required to go to rehab. Learn to read.

You are far from an expert. You are dumber than a box of jackrocks. All pretrial intervention programs/diversion programs in the USA requires Healthcare workers to go to rehab as part of that program IF thr Healthcare worker has diverted,  but your so ignorant you don't even know what a pretrial diversion/intervention program is. 

Stop posting in this thread. Your advice is ignorance. Go spend your time telling everyone how you don't belong here, and that you don't have and SUD and that all BONs are bad, and how everyone should get out of Nursing or not do a monitoring program yet.....your *** remains in a monitoring program and in nursing, LOL. That's your mantra and all you offer to this board. 

As usual, you are the typical nurse who sounds so confident, so sure, yet you don't have a clue about what you are talking about, so maybe....stop talking.

JB C said:

Nobody ever said Michigan monitoring programs require ALL nurses to go to rehab. Reading comprehension 101. I said if..... you could actually READ, if you are in Michigan and you diverted as a nurse and are criminally charged you WILL be required to go to rehab. Learn to read.

You are far from an expert. You are dumber than a box of jackrocks. All pretrial intervention programs/diversion programs in the USA requires Healthcare workers to go to rehab as part of that program IF thr Healthcare worker has diverted,  but your so ignorant you don't even know what a pretrial diversion/intervention program is. 

Stop posting in this thread. Your advice is ignorance. Go spend your time telling everyone how you don't belong here, and that you don't have and SUD and that all BONs are bad, and how everyone should get out of Nursing or not do a monitoring program yet.....your *** remains in a monitoring program and in nursing, LOL. That's your mantra and all you offer to this board. 

As usual, you are the typical nurse who sounds so confident, so sure, yet you don't have a clue about what you are talking about, so maybe....stop talking.

It's okay you guys. Everyone can have an opinion. However, when criminal charges are around the corner I'd rather do a few extra things to show I don't belong in jail. It's like doing extra credit for an assignment but in this scenario its my freedom. Besides I'm sure it's a helpful tool to have. currently I'm losing my mind from all of this, so don't even bother going at each other ...

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