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Can a person be arrested after not completing a drug diversion course after ten years?

Los Angeles, CA |

I was arrested ten years ago and took a diversion plea with summary probation but I didn't complete the program and now it has been ten years later. I am clean & sober but would like to know if I could go to school and further my education and work with other women in prison? Is it possible? What are my options?

Attorney Answers 3


  1. Yes, it is possible that you still have an outstanding warrant for your arrest. Additionally, if you want to get any official licenses or pass any background checks (every prison I visit requires a background check prior to any visit), you should get this taken care of now - if you just wait for the problem to hit you in the future it may cost you a job when you fail the background check. Also, having a pending drug charge may make you ineligible for student financial aid. You will probably need to complete the program you missed.


  2. You absolutely should take care of this as my colleague suggested. It is likely you have an outstanding warrant and that you can be arrested. If you are clean and sober, it shouldn't be a problem for you to knock this course out of the way and with a good lawyer, you might be able to convince the judge to cut you some slack. I recommend you reach out to me or an one of the many fine attorneys on this website.

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    Law Offices of Martin Lijtmaer
    234 East Colorado Blvd, Suite 230
    Pasadena, CA 91101
    Tel: (323) 379 5458
    Fax: (310) 760 5096

    The information provided in this answer is for general information only – such information is NOT legal advice for any case, investigation, or any other legal matter. Reading, receiving, or conveying the information in this answer does not create an attorney-client relationship.


  3. Diversion does not involve summary probation. Diversion has been a sidetracking of cases from prosecution not involving a conviction of the offense or probation. Depending on the time of the diversion, a plea may or may not have been entered in the case. The law changed some years ago. If a plea has not been entered, under most circumstances, it is likely to be difficult to prosecute now. If a plea was entered, the judge can proceed with sentencing. In either case, if a warrant was issued for failure to comply with the terms of diversion, there is no bar to punishment for the offense. If you want to move forward, you are going to have to deal with issue. If you can afford an attorney, you should hire one. The first step would be for your attorney to go to the court and examine the record. Only then, can anyone give you an idea about what needs to be done. In many instances, courts are sympathetic to people who have stayed out of trouble, even if they haven't done what they needed to do to complete diversion. I have had these cases dismissed under similair circumstances. It is important, not only to examine the record, but to gather appropriate doucmentation that establishes that you are going on to lead a productive life. If you can't afford an attorney, you should go to court and request the services of a public defender.

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