What Happens In Florida Drug Court?

Florida is a state known to prosecute and sentence drug offenses harshly, citing the harm they do to society as well as to the people involved. However, this does not mean that the state thinks prison time is the appropriate response to every drug defendant. It was in Miami-Dade County that the first drug court was established in 1989, and the movement has only grown. If you have been charged with a drug crime, you may qualify for drug court if you meet the criteria.

Why Have This Program?

The impetus behind developing drug courts is the simple fact that there are varying levels of drug offenses. It can be reasonably assumed that a person caught with one pill’s worth of a controlled substance is generally less of a threat to society than a violent trafficker. As a result, Florida courts sought to develop a diversion program in which non-violent offenders may be able to receive substance abuse treatment and anger management instead of simply serving time.

It is important to keep in mind that despite its stated benevolent aims, drug court is not easy to get through and there are consequences for failing the program. There are strict requirements involving random drug tests, reporting to a probation officer, and attending one or more types of counseling. Failure to abide by these rules will get your charges reinstated or your case placed back on the active docket.

Do I Qualify?

While every district court has its own drug courts, and requirements may vary slightly, Palm Beach County’s is one of the few which accepts people who are not first-time offenders as long as their prior convictions are not for violent offenses or drug trafficking. Most district drug courts restrict entry to first-time offenders only, wanting to give the chance to avoid having a criminal record to those who may have simply made a mistake.

In addition, in order to qualify for drug court, the offense with which you have been charged cannot be one of ‘trafficking or sales.’ In other words, a person charged with selling drugs is not eligible; nor is anyone accused of drug trafficking. This can be an unpleasant shock to some defendants, not least of all because Florida law allows a person stopped with enough of a controlled substance to be charged with trafficking even if they had no intent to do so.

Contact A West Palm Beach Drug Offenses Attorney

If you have been charged with a drug crime, it is crucial that you enlist the right attorney to help protect your rights. Florida takes these offenses seriously, despite it giving some defendants the chance to avoid jail. A West Palm Beach drug offenses attorney from Perlet & Shiner, P.A. can make sure you get your day in court. Call us today to speak to an attorney.

Source:

flcourts.gov/Resources-Services/Office-of-Problem-Solving-Courts/Drug-Courts