Reduced sentences for drug, DUII convictions come with conditions

Very often in cases involving drunk-driving or drug charges, defendants are able to avoid the full weight of a conviction and its maximum penalties by agreeing to participate in a diversion program. Oregon's diversion programs, which may require substance abuse treatment, attendance of a victims impact panel and community service, are designed to prevent defendants from committing the same crime again. In exchange for successful completion of the program, a defendant's conviction will be dismissed.

A diversion program is a win-win situation, for the most part, as long as the defendant follows through with the obligations of the program. If not, the conviction remains on the defendant's criminal record and he or she is subject to all of the original penalties.

Back in May we discussed the DUII arrest of actor Matthew Fox, who was pulled over not far from his home in Bend, Oregon. Fox is currently participating in a diversion program that will clear the charge from his record if he successfully completes the program.

Another TV personality, however, is facing the consequences of falling through on her legal obligations. Amber Portman, one of the subjects of the MTV reality show "Teen Mom," is headed to prison for at least two years on a felony drug charge. She initially avoided time behind bars through a plea deal that required her to undergo drug rehabilitation. But she dropped out of the program in May, and later that month was arrested and accused of violating her drug court probation requirements.

According to a prosecuting attorney, the 22-year-old failed a urine test and then lied about it. Although sometimes people on probation are given more than one opportunity, the prosecutor speculated that the reality show mom didn't realize dropping out of the drug rehab program would require her to serve the originally imposed prison sentence. It's a term of five years, but she's expected to be released on parole after serving about half of that time.

The reduced penalties that a plea agreement or diversion program offers are worth exploring, but defendants should have full knowledge of what's expected of them. An experienced criminal defense attorney will not only make you aware of all the options for reduced penalties, but advise you on the best option for your situation.

Source: CNN, "'Teen Mom' Amber Portman ordered to prison," Alan Duke, June 6, 2012