Drug court is a court-supervised, voluntary treatment program for eligible, non-violent offenders with substance use disorders. The program is an alternative to incarceration that emphasizes treatment, Recovery, and accountability. Drug courts use a team approach to address the needs of participants and promote public safety. The team includes the judge, prosecutors, defense attorneys, treatment providers, and other support staff. The focus of drug court is on early intervention, continual monitoring, and graduated sanctions and incentives to encourage treatment and Recovery.
Drug courts began in the early 1990s as a response to the growing number of people with substance use disorders entering the criminal justice system. In 1994, the first drug court was established in Florida. Since then, drug courts have been implemented in all 50 states and the District of Columbia. There are more than 2,700 drug courts currently in operation in the United States.
The success of drug court depends on the active participation of all members of the team. The judge is responsible for holding participants accountable, monitoring their progress, and making sentencing decisions. Prosecutors and defense attorneys work together to ensure that participants are treated fairly and held accountable for their progress. Treatment providers work with participants to address their substance use and other related issues. Other support staff provide services and assistance as needed.
Drug court is an effective alternative to incarceration for non-violent offenders with substance use disorders. The program has been shown to reduce recidivism, save money, and improve public safety.
What are the consequences of failing drug court?
The consequences of failing drug court can be both immediate and long-term. The most immediate consequence is typically a return to incarceration. This can mean going back to jail or prison, or being placed on intensive probation with regular drug testing and close monitoring. Failing drug court can also lead to the loss of certain privileges, such as the ability to live in a halfway house or to have unsupervised visits with family or friends. In some cases, failing drug court can also mean having to start the program over from the beginning.
The long-term consequences of failing drug court can be just as serious. A criminal record can make it difficult to find a job, housing, or credit. It can also lead to problems with child custody and immigration status. In some cases, a failed drug court program can even be used as evidence of wrongdoing in future criminal cases.
Failing drug court can have serious and lasting consequences. Anyone facing drug charges should be sure to consult with an experienced criminal defense attorney to ensure that they understand all of their options and can make the best possible decisions for their future.
Can a lawyer get you out of drug court?
Assuming you are asking if a lawyer can get a person sentenced to drug court out of drug court, then the answer is maybe. It depends on the facts and circumstances of the case, the judge, and the jurisdiction. A lawyer can file a motion to have the person sentenced to drug court released from drug court if there are extenuating circumstances, such as the person has a job offer in another state, is pregnant, or has a terminal illness.
What happens if I miss a drug court hearing?
Every county has different policies and procedures for what happens if you miss a drug court hearing. The defendant will usually be given a chance to explain why they missed the hearing, and the court will decide if the defendant will be allowed to continue in the drug court program or be terminated from the program. The consequences of missing a drug court hearing can be significant, and it is important to speak to an attorney if you have been charged with a drug offense to understand all of the possible consequences.
What are some common defenses to drug court charges?
Most drug court charges are related to possession or distribution of drugs, and the common defenses to these charges are typically based on the argument that the defendant did not know that the substance in question was a drug, or that the defendant did not intend to distribute the drug. Other defenses may include entrapment, constitutional violations related to the search and seizure of the drug, and informants.
Frequently Asked Questions
What is the purpose of drug court?
The purpose of drug court is to impose and administer an order called a Drug Treatment Order (DTO). A DTO consists of two parts: custodial: sentence of imprisonment – not exceeding two years – to be served in the community to allow the participant to receive drug and / or alcohol treatment. The second component allows for supervised participation in a program that provides drug and/or alcohol treatment.
What are the different types of drug courts?
The different types of drug courts include adult, juvenile, DUI/DWI, family, mental health, veterans, tribal healing to wellness courts, and others.
How does drug court affect drug offenders?
If a person enters drug court, the prosecution has an incentive to reduce their sentence. If a person successfully completes drug court, the prosecutor may terminate their case.
What is home drug court?
Home drug court is a post-sentence program that focuses on the rehabilitation and treatment of offenders with a drug and/or alcohol dependency. The program is available to offenders who have completed their sentence, are currently free on probation, or are awaiting trial. Participants live at home while attending rehab sessions and Alcoholics Anonymous meetings. If all goes well, most participants are eventually released from home drug court and return to their normal lives.
How do drug courts work?
The drug court process typically starts with a meeting between the individual and the drug court judge. During this meeting, the drug court judge will discuss the person's substance use disorder and how it affects their life. The drug court judge may also ask if the person is willing to participate in drug court and receive treatment instead of going to jail. If the person is willing to participate, they will be assigned a lawyer who will help them develop a treatment plan. Once the person is ready to begin treatment, they will be assigned to a Drug Court Treatment Program. This program will provide them with medication and counseling services as well as expect them to complete community service work or rehabilitation classes. While in these programs, individuals are monitored by the Drug Court Judge who can impose sanctions if their behavior does not meet the standards set by the program. After completing Drug Court Treatment Programs, most individuals are eligible for long-term supervision by the Drug Court Judge. This means that they must comply with all
