What Does Drug Offender Probation Entail In Florida?
Being convicted of a drug-related crime in the state of Florida usually results in jail time, given how aggressively these offenses are prosecuted. However, in some cases, a person may be eligible for what is known as Drug Offender Probation (DOP), which is not the same as standard felony probation. This option may seem easy, but it has stringent requirements that must be complied with, or a person’s charges will reappear on the docket.
Who May Seek DOP Status?
The people who are eligible to seek DOP status are generally “chronic substance abusers” whose alleged crimes are “nonviolent felonies.” While Florida seeks to prosecute those who commit drug crimes to the fullest extent of the law, the legal system also takes note of those whose crimes may happen more due to addiction than any truly malevolent reason. This does not mean that they should go unpunished, but if DOP can be completed, it may give an offender a second chance instead of condemning them to the prison system.
If you are accepted into this program, your charges or sentencing are stayed until your program has concluded. If a person passes their tests, the charges are either dropped or placed on an inactive docket. Expulsion from the program, however, generally means that the charges or sentencing will be back on the active docket, and you will once again face jail time.
Not An Easy Path
What too many defendants do not realize when they seek to plead to DOP status is that while it may be better than jail time, drug offender probation comes with quite a lot of hard and fast rules that must be obeyed for as long as the program continues. Some of the rules which must be followed include:
- Random drug testing, at any time, even if it interferes with your employment or other obligations;
- In most cases, a curfew restricting your movements from 10pm-6am. A probation officer may randomly check whether or not you are obeying this rule;
- Travel restrictions, which in some cases can impede your movement to and from work. If you live in Palm Beach County and your job is in Broward County, this can create significant issues; and
- Required substance abuse treatment, which, while worthwhile, can be expensive and time consuming.
Other restrictions may be placed upon you, depending on the specific facts of your case. Drug offender probation can require a level of self-discipline that some may simply find themselves unable to meet – but those who can may get a second chance at life.
Contact A West Palm Beach Drug Offenses Attorney
If you have been charged with a drug offense, but fit the criteria for DOP status, a West Palm Beach drug crimes attorney from Perlet & Shiner, P.A. can help get you into the program that gives you the best chance for success. Contact our office today at (561) 721-0552 to speak to an attorney.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=122.15&URL=0900-0999/0948/Sections/0948.20.html
