DRUG TREATMENT ALTERNATIVES TO INCARCERATION
“DRUG COURT”
In the 1990’s, California initiated a program to offer nonviolent drug offenders the ability to resolve their cases outside of the traditional criminal justice system.
This program, called “Drug Court” was designed with the following goals in mind:
To reduce drug usage and recidivism (repeat offenses)
To provide court-supervised treatment
To integrate traditional drug treatment with other programs, promoting a higher success rate thus benefiting the drug offender and public at large
To reduce the number of children in the Child Welfare System
To access both federal and state support systems for local drug courts.
Studies have also shown that the cost to taxpayers for rehabilitation programs is lower than the average cost of incarceration. “Drug courts” were developed to provide an alternative system of adjudication that benefits both those who are addicted to drugs and want to help themselves, and benefit the public at large. The drug crime criminal defense attorneys from the Law Offices of Pereira & Moffatt feel that this is a great service, not only because it helps those who want to quit using, but also because this program provides an alternative to serving time in jail or the prison system.
“Drug Court” in Orange County is a specially designed court calendar. It is designed to provide rehabilitation and treatment, and minimize incarceration.
The drug crime attorneys at the Law Offices of Pereira & Moffatt are experienced in helping our clients charged with drug crimes in Southern California get into Drug Court and other alternatives to the traditional criminal justice system. We feel that for nonviolent drug offenders who want to quit using drugs and improve their lives, this is an excellent program that is far more beneficial to both the drug offender and the public at large than traditional incarceration.
California drug courts have been established in adult courts, juvenile courts, and dependency courts. This legal process is collaboration between law enforcement, prosecutors, defense attorneys, and other county agencies such as Probation and the Health Care Agency here in Orange County.
How is my drug case handled in Drug Court?
In California, there are essentially four models that Drug Courts will use to resolve drug charges.
Pre-Guilty Plea Model – A drug offender is allowed to participate in a drug treatment program without pleading guilty to drug charges. Completion of the program will result in dismissal of the charges, with a clear criminal record. Failure to complete the program will result in re-filing of charges, and criminal adjudication of the drug charges.
Post-Guilty Plea Model – A drug offender is required to plead guilty to drug charges, and is then placed in a drug treatment program that can last 9 months to 3 years. Upon successful completion of the program, the drug charges are dismissed. However, failure to complete the program may result in criminal sentencing for the drug charge. This is the most commonly used model for Drug Court.
Post-Adjudication Model – This model is used for repeat drug offenders. A repeat offender will plead guilty to their drug charge, and be sentenced. Successful completion of a treatment program will substitute for incarceration. Failure to complete the program will result in activation of the criminal sentence, and the drug offender must serve the sentenced time in county jail or a state prison.
Civil Model – Drug offenders involved in civil matters, typically child custody, may regain custody of their children if they enter a treatment program. Failure to complete the program will result in a permanent loss of child custody.
The type of plea model applied to your case will depend on your criminal history or the type of charges you face. If you have a history of crimes other than drug crimes, it is more likely that the court will require you to plead guilty prior to entering a treatment program. You will be placed on probation, which will be terminated upon successful completion of a drug program. Failure to complete the program may result in a violation of probation, which would be a new criminal charge.
More information can be found on the California Department of Drug and Alcohol Programs website.
How is Drug Court different from programs such as Prop 36 or “PC 1000”?
Drug Court is a more informally structured program, with more flexibility. For more information on Prop 36 and PC 1000 alternatives to traditional drug charge adjudication, please explore our pages on each of those programs or contact the drug charge criminal defense attorneys at the Law Offices of Pereira & Moffatt.
Am I eligible for Drug Court?
Drug Court is designed to help those who are addicted to all types of drugs. These drugs include marijuana, cocaine, heroin, “ecstasy”, methamphetamines, PCP, and prescription drugs such as codeine and hydrocodone or “Vicodin”.
Drug Court is designed to help those who are charged with personal possession crimes. Those crimes include:
Health and Safety Code 11377 and HS 11350 – Possession of a Controlled Substance
Health and Safety Code 11550 – Being Under the Influence of a Controlled Substance
If you have been charged with a California drug sales crime, such as:
Health and Safety Code 11351 – Possession for Sale of a Controlled Substance
Health and Safety Code 11352 – Sale or Transportation of a Controlled Substance
Health and Safety Code 11360 – Sale or Transportation of Marijuana (not for personal use)
You are generally not eligible for Drug Court.
However, some California courts may find those charged with drug sales crimes eligible for Drug Court, if it is believed that a treatment program would benefit them.
I have been charged with a drug sales crime, but I want my case to be adjudicated in the Drug Court program. Can you help me?
Yes! The drug charge criminal defense attorneys at the Law Offices of Pereira & Moffatt are very experienced with helping those accused of drug sales crimes avoid the traditional criminal justice system, and thus avoiding jail or prison time. We have successfully negotiated drug sales charges down to drug possession charges, which means our clients originally charged with a drug sales crime would be eligible for Drug Court.
What would I have to do to successfully complete a treatment program in Drug Court?
Generally, drug offenders ordered to complete a treatment program must:
Attend both group and individual counseling
Take Drug Education classes
Participate in educational counseling
Submit to drug testing
Complete any other programs that the Court feels would be beneficial.
As stated earlier, Drug Court is somewhat informal and flexible. Requirements for treatment may vary. In Orange County, graduates from an adult treatment program are required to:
Have a high school diploma or GED,
Be gainfully employed or enrolled in a training or academic program,
Attend regular self-help meetings, and
Have regular attendance at all court or probation hearings and counseling appointments.
You should also know that treatment programs often use graduated punishment systems for failure to successfully complete stages of treatment. Punishment can range from having to write an essay, to community service, to termination of the program.