I was charged in '02 with Felony poss. of Cocaine (less than 1/8 oz) & successfully completed the Pretrial Diversion program. The Felony charge now appears only as an Arrest on FBI background report. Less than 6 months after Fel arrest, I was charged w/ DUI . I completed all terms for the DUI.
As a job requirement, I must provide Proof of Satisfaction of the Felony. I am concerned that by requesting proof of completion of the Felony, the DUI could present a new probation violation issue & the terms of the Felony Pretrial intervention could be forfeited or even reopened. Is this a possibility?? Should I turn to attrny for completion?
I have had only 2 speeding tickets since '03 & no legal issues since. As far as I know, the Felony has been dropped. How can I prove w/out problems?
You need to hire a lawyer to help you navigate through this problem while minimizing the chances of the felony charge being reinstated. The new DUI isn't a "probation violation" because if you went into pre-trial diversion and successfully completed the program, you were never on probation for the drug charge. That being said, the prosecutor ususally reserves the right to re-instate the charges if there is a new offence within a certain period of time, and you are correct in being concerned that, even though it is unlikley, if the prosecutor finds out about the DUI, they may try to reinstate the drug charges.