Drug court

Drug courts were developed in the early 1990s as an alternative to traditional criminal prosecution for certain drug-related offenses. There are more than 170 drug courts in nearly all 58 counties in California and have a very successful track-record. In order for an individual accused of a marijuana offense to participate in a drug court program, it is critical that he or she consults with a qualified California drug defense attorney who can help him or her take advantage of this alternative sentencing option if it is so desired.

Drug courts are special courts that are given the responsibility of closely supervising select felony and misdemeanor marijuana cases that involve non-violent, marijuana use. Individuals accused of selling marijuana, manufacturing marijuana or possessing marijuana for sale, for example, will be excluded from participating in the drug court program, as the system is designed to treat those who personally have a drug problem. However, a savvy criminal attorney may be able to arrange it so that an individual accused of a non-use marijuana charge may still be eligible to participate in the program through a favorable plea negotiation with the prosecuting attorney, where the ineligible charge gets reduced to a qualifying one. It should additionally be noted that an individual who has been previously charged with or convicted of a violent offense (excluding certain minor domestic abuse charges) will not be eligible to participate in the program.

Drug courts combine the judicial process with resources that are available to those in need of alcohol and/or drug treatment services. Drug courts aim to reduce recidivism (repeat offenses) for drug offenses and to create effective and appropriate options for those offenders with serious drug problems. This system looks at drug use as a health issue in addition to a criminal issue and tries to rehabilitate its participants instead of sending these offenders to jail or prison, although limited incarceration is sometimes required. The courts try to achieve their goals by identifying those who need help early in the process, by providing access to a variety of services (which include but are not limited to counseling, drug testing, education and sober living), by frequently monitoring compliance, by using a system of penalties and incentives to encourage compliance and by forming partnerships with other public agencies and community-based organizations that enhance the program’s effectiveness, generate local support and increase the availability of services. Treatment is typically offered for at least one year and the intensity and severity of the treatment lessen as one successfully moves through the program.

Drug court is a type of diversion program that requires the offender to enter a guilty plea but suspends his or her sentence and any further criminal proceedings while he or she participates in the program. If the defendant successfully completes the program, his or her criminal charges are ultimately dismissed. If his or her progress is deemed unsatisfactory, he or she will be sentenced on the charge to which he or she previously pled.

Those charged with marijuana-related offenses should immediately contact the exceptional criminal defense lawyers at The Kavinoky Law Firm in order to ensure the most vigorous defense possible. These outstanding attorneys have mastered everything related to defending a California marijuana charge, including the many sentencing options that are available to their clients. They will discuss the advantages, disadvantages and differences between drug court, Proposition 36 and diversion to each of their eligible clients and are dedicated to helping their clients obtain the most favorable sentence that meets their individual needs. With law offices throughout California, including several in and around the Los Angeles area, they understand the local rules and procedures that are involved with crafting these types of sentences better than anyone else. For the most trusted legal advice and to learn more about drug courts, contact them today for a free consultation.