In Florida, my friend is under the diversion program and has recently tested positive for it, she believes she might face jail time, but I thought that you were allowed one fail, can you help me out?
Many offices will allow for you to fail the first if you confess to using before the program starts or will simply not test initially to give you a chance to be clean.
If it is a pre trial diversion program, it is likely she will be terminated from the program and the case will continue through the courts. If it is probation, then she faces the initial sentencing she could have received, including jail time.
Meet with an attorney.
Natalie Hall, Esq.
hall@ndhlaw.com
(407) 412-7035