Do you qualify for pretrial diversion if you failed a drug test while out on bond?

Asked almost 2 years ago - Danville, KY

Some one I know is in jail right now. She went to jail for 2½ weeks and then she had gotten out on bond for about a month in a half. While out on bond she had two failed drug test. They came back right after the courts finally indicted her. She is saying she wants to get pretrial diversion but I heard since she failed the two drug test while out on bond she doesn't qualify for pretrial diversion. Is this true?

Attorney answers (2)

  1. Frank Mascagni III

    Contributor Level 20

    Answered . You need to ask her criminal defnse attorney is those facts bar her from the Felony Pretrial Diversion progam based on the guidelines of the prosecutor in your county. It's up to the prosecutor handling the case.

    I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this... more
  2. Michael William Bouldin

    Contributor Level 14

    Answered . It is not an automatic disqualification, but varies pursuant to policy of the county attorney and the judge handling your case. Pretrial diversion is often offered for first time offenders with drug problems. The court may still allow diversion but it is likely they may require inpatient treatment and stay in jail pending a bed.

    As your local attorney in Danville if you are eligible for pretrial diversion. It may also make sense to try to get enrolled in a treatment program sooner rather than later.

    Kentucky law does not certify specialty of practice in this area. The advice given herein is informational and... more

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