Published Sep 13, 2018
lifewithoutrn
5 Posts
So here I am, one week out from flipping my entire world upside down, still having that heart sink feeling whenever a car drives by.
Last week I confessed to diveriting narcotics on 3 occasions to my employer. I figured that I would lose my job and I knew I would probably be reported to the BON, but now I am reading about the criminal FELONY charges faced by others who have done this. I wanted to get help, but now I am afraid to spend the money on the program because I might need to fight a legal battle first.
I am living in this constant anxiety ridden state, thinking any minute now black SUVs are going to come haul me away and lock me up. I am not looking for legal advice, but maybe just some of your stories? Has anyone not face criminal charges after admitting to diversion? If you did receive charges, what happened? I have no idea what to even expect at this point.
Indiana RN, BSN
171 Posts
Hello. Sorry your going through all this.
11 months ago I admitted to diverting from work. I was fired and went home with my tail tucked between my legs. One week later a detective called me and ask me to come in and give a statement. I did and a week later he called me back and said I have been charged with 2 felonies and had a warrant out for my arrest.
I turned myself in and spent almost 48 hours in jail before being released on bond. While in jail I explained my financial situation and I was given a public defender. I had to go to court once a month for 3 months due to the case being extended and my lawyer attempting to lower my charges.
The last time I was in court in January they had dropped one felony completely and lowered my other felony to a misdemeanor. So now I currently have been charged with a misdemeanor of obtaining a narcotic illegally. I was given one year probation.
If I had a higher paid lawyer they might of considered dropping both of the felonies completely but I just couldn't afford it it's hard to hire a lawyer if you literally don't have the money.
My nursing license was unsuspended 2 months ago and I haven't even began to look for a job yet I'm hoping the misdemeanor won't hold me back. Of course that's in addition to also being in a monitoring agreement with my state for 3 years.
Good luck with everything and I promise things will not be this bad forever and you can get past this.
Lisacar130
379 Posts
It does happen but the majority of the time it does not
Recovering_RN
362 Posts
I was fired for diversion, but I never admitted to anything. However my drug test came back positive. No criminal charges were brought against me. I went to a nurse support group, none of the nurses in my group had to deal with legal charges. I don't think it's that common.
Did you actually sign anything admitting it? If not, they have nothing, would be pretty hard to prove legally. Definitely get a lawyer if they do charge you, but from what I've seen and read, most employers report you to the BON but that's all.
No I didn't sign anything, nor was I asked to take a test. They didn't involve the police but they did say they were mandated to report the loss to the DEA.
Don't sign anything admitting guilt! Doesn't matter what you've already said if they have nothing in writing. You're fired, can't go back on that, but legally they have nothing. Be prepared for any phone calls, I've heard of people being asked to come in and make a statement or even over the phone. That's ridiculous! There's no reason for you to incriminate yourself. Or you may get something by mail, asking you to write down the situation. Obviously, again, don't put anything in writing!
markko
44 Posts
I got two felony charges, but they were for elder abuse because I took some Tylenol #3's from elderlys' personal bottles. Had an interview with a local police officer. The DA determined the charges. I hired a lawyer, but knew what I wanted.... deferred prosecution. I was on a program for two years in which I could not have any run-ins with the law. If I was successful, the charges would be dismissed. That's exactly what happened.
kellynn74
11 Posts
Hi. Did anything ever come of this regarding them telling the DEA?