Drug court is an alternative court division designed for individuals who have been arrested for drug-related offenses and are struggling with addiction. The goal of drug court is to provide participants with the resources and support they need to overcome their substance abuse issues while avoiding jail time and criminal conviction.
But, if drug court is a voluntary program, can an individual choose to opt out of it after starting the program?
Drug court is typically a voluntary program, but once an individual enters it, there are rules and requirements they must follow. Opting out of drug court is not a simple decision, and can carry some significant consequences. In most cases, participants may be able to choose to leave the program, but they must make the appropriate motion in court. Such a decision should only be made with finality after consulting with a Clearwater criminal defense attorney.
There are also instances when an individual may be removed from drug court due to the State objecting to further drug court participation. If a participant violates the program’s rules, fails to attend required meetings, or tests positive for drugs or alcohol, they may be terminated from the program and sent back to criminal court for sentencing.
Choosing to opt out of drug court can result in serious legal consequences. If an individual voluntarily withdraws from the program, they may face the original criminal charges they were attempting to avoid by entering drug court. In some cases, opting out can result in a harsher sentence, including jail time and felony conviction.
On the other hand, some defendants may be able to negotiate a sentencing after opting out, depending on the circumstances of the case, especially with a strong Clearwater drug crimes attorney with The Law Offices of Marc N. Pelletier. Having the case transferred out to a “regular felony division” opens up the possibility of litigating the charges, filing motions designed to exclude evidence, and the opportunity for additional negotiations. However, withdrawing from the program may eliminate the opportunity for the guarantee of avoiding conviction that would have been available through the successful completion of drug court.
For those who are considering opting out of drug court but still want to avoid the legal consequences of a drug-related offense, there may be other options available to resolve the case.
If a defendant chooses not to participate in drug court, they may return to the regular criminal justice process. This could involve working with your Clearwater criminal defense attorney to plea bargain for a lesser sentence or seeking probation. There may be legal or factual issues that could likewise be used to fight the charges. These may include arguments that law enforcement made a bad traffic stop, engaged in unlawful search and seizure following an initial detention, or that the State is unable to prove actual or constructive possession of the contraband.
Some offenders may still be able to participate in other forms of rehabilitation or substance abuse treatment outside of the drug court program. These programs may still help address addiction issues while on probation and thereby avoid jail or prison that might otherwise be imposed.
Weighing the decision to participate in or opt out of drug court is serious and can potentially result in long-lasting consequences. Consulting with an experienced Clearwater drug crimes attorney from the Law Offices of Marc N. Pelletier who has ample experience will help you understand your options and any potential outcomes.
If you are considering dropping out of drug court, request a free case consultation with one of our leading drug crimes attorneys or call today at (727) 493-9386 to see whether it can be a viable action to take.
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