The courts are inclined to work towards rehabilitation instead of punishment in the area of drug offenses. Refer the website on Drug War Facts.

“There are generally two models for drug courts: deferred prosecution programs and post-adjudication programs. In a deferred prosecution or diversion setting, defendants who meet certain eligibility requirements are diverted into the drug court system prior to pleading to a charge. Defendants are not required to plead guilty and those who complete the drug court program are not prosecuted further. Failure to complete the program, however, results in prosecution. Alternatively, in the post-adjudication model, defendants must plead guilty to their charges but their sentences are deferred or suspended while they participate in the drug court program. Successful completion of the program results in a waived sentence and sometimes an expungement of the offense. However, in cases where individuals fail to meet the requirements of the drug court (such as a habitual recurrence of drug use), they will be returned to the criminal court to face sentencing on the guilty plea.”

“Problem-solving courts varied by the point at which they intervene in a case. Some courts took cases that had reached a specific processing stage, while others took on cases at multiple processing points. Additionally, problem-solving courts accepted multiple case types and identified different entry points for criminal or civil and family cases. In 2012, 35% of problem-solving courts accepted a case at filing or prior to a plea, while 64% accepted a case after a plea was entered (table 4). Most (73%) domestic violence courts accepted cases at case filing or prior to a plea. Half (50%) of youth specialty courts accepted a case prior to a plea. Most (61%) family problem-solving courts accepted a case after a judicial order, which can occur at any point during a case’s life-cycle. More than 8 in 10 (85%) hybrid DWI/drug courts accepted a case after a plea was entered.”

Your attorney can give you an idea if the court would accept a treatment in lieu of jail in your case. Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.

There is an epidemic of heroin use currently in Florida. It has been said that the new drug dealer is your dentist. Large numbers of people are becoming addicted to pain killers, which in many cases are opiates. There has been a huge crackdown on prescription pain medicine in this area, and many people find that heroin is less expensive and much more readily available than prescription pills. Now we have people in the suburbs addicted to heroin who are not your stereotypical heroin addict. I wonder if these people are aware of the consequences of their new habit.

The stakes are high and you face serious penalties if convicted of heroin possession. Though the exact consequences vary from state to state and even locality to locality, they have the potential to be life changing no matter where you are.

Jail time, fines, loss of driving privileges, and a permanent criminal record are just a few of the potential legal penalties. Add to these any personal and professional fallout and your heroin charges could mark one of the worst things that have ever happened in your life.

Heroin Possession Penalties

As stated, the legal penalties you face for possession of heroin depend mostly on where it is that you are charged. Some states classify small amounts of heroin as misdemeanor offenses. Others classify all heroin possession cases as felonies. The difference here could be a few months in jail as opposed to a few years in prison.

In addition to jail time, you will be ordered to pay fines, potentially lose your license, and be left with a criminal record. The long term effects of this can last for years, even impacting your ability to find a good job.

Florida heroin laws are not lenient with possession of heroin being charged as a felony, and charges for dealers and traffickers are even more serious. Still, the Sunshine State does offer options for first-time offenders in need of treatment

Plea Bargains in Heroin Possession Cases

Nearly all heroin possession cases in this country end in a plea agreement. This is where you, as the defendant, seek to get a more lenient sentence by agreeing to plead guilty to at least a portion of the charges against you.

Depending on the facts of your case and your criminal history, your defense lawyer may be able to help you avoid jail time with a favorable plea agreement, or at the least, avoid the most severe penalties you are facing.

Drug Courts

Most states in this country now have drug court programs. These courts are designed to help people overcome heroin addiction, in heroin possession cases. The focus is on treatment, and although they will help you avoid jail time, drug courts are still intensive programs.

Drug courts can be compared to intense periods of probation. Participants are required to check-in with the judge frequently, as well as submit to random drug tests, and participate in drug treatment, counseling, and a number of other requirements. Failure to abide by these requirements will result in your case going back to the criminal courts.

Legal Defense Strategies

There are no hard and fast rules to the perfect defense strategy. Your attorney will help determine the best course of action given your particular circumstances and what is most likely to product positive results.

This can often mean challenging the evidence in your case or the constitutionality of the arrest and the search that lead to the alleged possession.

Building a solid defense begins with a legal consultation.

If you are facing heroin possession charges, call today to speak with a local defense attorney. Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.