Is ‘Drug Court’ An Option For Me?
For a variety of reasons, Florida’s drug laws are among the harshest in the United States. If a person is arrested and charged with a drug-related crime in the state, the odds are high that they will face a strict penalty. However, there are options for nonviolent defendants, particularly those who have never been in trouble with the law before. One of the most common alternatives to jail in drug cases is known as “drug court” – a form of pretrial diversion that is used when state’s attorneys think it appropriate.
A Long History
Florida’s history as a battleground for drug cartels, and a breeding ground for ‘pill mills,’ means that its law enforcement takes drug crimes very seriously, and its judicial system is not particularly inclined to be lenient with these offenders. However, pretrial diversion programs have a long history of success in Florida, and as such, certain defendants are granted access. If the defendant successfully completes the program, their charges are dropped or “nolle prossed” (placed in the inactive docket).
Drug court is one of the oldest pretrial diversion programs in Florida, started in Miami in 1989. As of 2022, 52 of 67 counties in Florida offer adult drug courts, with 14 catering to juvenile defendants – and while the number of people helped through these programs is small compared to the numbers of those in Florida prisons, studies have shown that drug court programs around the country have led, generally, to positive effects.
Strict Requirements For Success
In order to qualify for drug court, a person has to fulfill certain criteria – namely, they must have minimal criminal history, with no violent prior offenses, and they must also admit that they have a drug problem that they would be amenable to treating. Even if accepted, the program is also rigorous – in general, defendants spend a year in drug court, subjecting themselves to random drug testing, counseling and meetings with a probation officer, and missing any one of these obligations may put a person back in jail.
Keep in mind, however, that even successful completion of a drug court program will not automatically clear your criminal record – no conviction will be shown, but the arrest itself will still be present. Depending on the nature of your offense, you may be able to have the arrest expunged, but this is not always guaranteed. Every case is different, but the right legal help can make things clearer.
Contact A West Palm Beach Drug Offenses Attorney
If you have been charged with a drug crime, and you have no prior arrest record, you may qualify for drug court if you truly want help kicking the proverbial habit. A West Palm Beach drug offenses attorney from the firm of Perlet & Shiner, P.A. can help you determine what your options are, and what your best path might be. Call us today to speak to an attorney.
Source:
flcourts.gov/Resources-Services/Office-of-Problem-Solving-Courts/Drug-Courts
