For firts timers, drug court is an automatic offer if they want it. Of course it means you actually have to be charged with SOMETHING.
"For firts timers, drug court is an automatic offer if they want it. "
Almost, but not quite true - the DA must sign off on it.
Here's the contract that alleged perps must agree to -
http://www.dcpi.ncjrs.org/docs/Skills-Based%20Contracts.doc
but you are correct, it appears that unless he is charged with a crime he cannot enter a diversion program.
So all of these " he is not being treated the same " people can just wait until ( or if ) he is charged.