I Don’t Have a Drug Charge, But I Have a Substance Abuse Issue. Can I Participate in Drug Court?

Drug court programs offer a treatment-focused alternative to jail time for individuals struggling with substance abuse. However, participation is generally tied to specific legal criteria. 

If you would like to explore your options, you can request a free consultation with one of the top St. Petersburg defense attorneys with The Law Office of Marc N. Pelletier.

Who Qualifies for Drug Court?

In Pinellas County, drug court eligibility typically applies to defendants charged with non-violent drug offenses or certain non-violent crimes linked to substance abuse, such as theft. Participants are often first-time offenders or those who face third-degree felony charges. 

Acceptance into the program depends on various factors, including prosecutorial discretion, and may exclude habitual felony offenders or individuals charged with violent crimes.

Substance Abuse Without a Drug Charge

If you struggle with substance abuse but are not facing a drug-related charge, participating in drug court is less straightforward. The program primarily aims to divert individuals facing drug charges from traditional criminal proceedings into treatment. However, if your substance abuse issue contributed to another non-violent offense, such as theft or fraud, you may still be able to qualify for drug court if the underlying issue is clearly linked to addiction.

The Role of Prosecutorial Discretion

The prosecutor’sdiscretion plays a significant role in determining eligibility for drug court. Prosecutors may consider an individual’s history, the nature of their offense, and their willingness to engage in treatment. 

A skilled drug crimes attorney in St. Petersburg experienced in drug court proceedings can potentially work to advocate for an individual’s eligibility, particularly if they are dealing with substance abuse issues but not a drug-related charge.

Petitioning for Program Entry

If you do not have a drug charge but are interested in participating in a drug court program, you will likely need to seek the State’s agreement. This process typically involves a comprehensive assessment of your situation, including your criminal history, substance abuse history, and willingness to engage in a rehabilitation program.

The State may wish to see that you are participating in treatment voluntarily, undergoing regular drug testing, and attending NA or AA. A St. Petersburg defense attorney can assist in preparing the necessary documentation and advocating for your potential inclusion in the program. It is also important to demonstrate that you are committed to addressing your substance abuse issues and that you would benefit from treatment rather than potential incarceration in the future due to your substance use.

You Have Options. Consult With a Leading Drug Crimes Attorney Today.

If you believe drug court could be the right solution for your situation, consult an experienced drug crimes attorney in St. Petersburg with the Law Office of Marc N. Pelletier to explore your options and potentially increase your chances of acceptance into the program.

Request a free case consultation with one of our leading drug crimes attorneys or call today at (727) 493-9386 to see if drug court could be an option for your case.