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.