Legal Question in Criminal Law in California

Can chronic pain person qualify for diversion tx?

I was arrested for refilling Rxs without permission from the Dr. that I worked with (am RN). I have chronic pain issues from scoliosis in back and a steel rod in my thoracic spine. My question is can I qualify to do diversion program if I will likely be on medication for the rest of my life (Vicodin/Soma). It was a case of being to lazy and embarrased to go to my family Dr. to get my refills and just ''doing it myself''. Valuable lesson learned. I haven't had any issues since (this was 3/2005) and I now go to my Chronic pain Dr. religously. Is there a way for this to not ruin my life/license? The PD is defending me as I am still on disability and will probably be having yet another surgery this spring. I have nothing else ever on my record- not even a traffic ticket. I have been an RN for 13yrs.

Thank you.


Asked on 12/10/06, 9:00 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Can chronic pain person qualify for diversion tx?

You should qualify for deferred entry of judgment which is the new diversion program. This program provides for you to waive time and then enter a guilty plea. The court then defers entering judgment until either you complete the diversion program or you violate the conditions of probation. Upon completion of the diversion program the court withdraws your guilty plea and dismisses the case. Thus you do not have a conviction as the conviction never became a judgment.

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Answered on 12/26/06, 10:14 pm


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