In a recent court hearing, Judge Michael Montero ordered Megan Herrera’s diversion program to be rescinded, leaving her with a felony conviction on her record.
Herrera was given the chance at the diversion program with probation in June 2016 after pleading guilty to unlawfully obtaining a second prescription for Alprazolam, a controlled substance, while already being prescribed the same drug from another physician.
She was ordered to complete the Humboldt County Drug Court program and probation, at which time she could avoided the category C felony conviction. She moved to Ely at the beginning of this year and continued with the drug court program there, until she failed to meet the requirements of the program and was discharged.
Herrera’s recent court appearance was the second time she violated her probation, two years into the three year probation order. In the meantime she also obtained a misdemeanor conviction in which she was charged with embezzling from her employer, owing $1,300 in restitution.
Herrera said she was willing to do anything to not be sent to prison.
“I’m truly deeply sorry about my actions for failing drug court. Not only did I let myself down, but I let drug court down. I let greed and dishonesty get in the way,” said Herrera. “I have a 13 year old daughter that needs her mom in her life.”
Montero said the events that happened seemed to be a criminal problem rather than a drug problem at this point.
“Not going to order you back into the program, that would be contradictory to everything that happened,” said Montero. “Drug court is not meant to be something that lasts a person’s lifetime, it’s something to put you on the right track and give you the tools to be successful.”
Montero ordered the diversion program to be rescinded, sentencing her to 12-34 months in prison with 59 days credit for time served.
“I’m not going to send you to prison today, I’m going to reinstate you on probation for to serve a jail sentence of another 30 days in jail, after which you can be dishonorably discharged from probation,” said Montero.
