Drug crimes don’t happen spontaneously. Substance abuse disorders or chemical dependence can directly influence the likelihood of criminal activity. Those dealing with substance abuse disorders are more likely than the average person to end up facing criminal charges. They can end up arrested because they use drugs or through the actions they take to secure or afford certain substances.
Those accused of drug possession and similar offenses may be eligible for drug court proceedings instead of traditional criminal court. Drug court is an alternative to the standard criminal justice system that focuses on the rehabilitation of those who commit crimes because of substance abuse issues.
Individuals who are eligible for drug court proceedings are often subject to unique requirements. What does the state expect from those making their way through the drug courts?
1. Submission to intensive oversight
Probation requirements are common for those convicted of criminal offenses. Those undergoing drug court adjudication typically submit to very strict court oversight. They have to attend regular sessions in drug court and must adjust their behavior to comply with the restrictions imposed by the courts.
2. Successful completion of treatment
The goal of drug court is rehabilitation, which means overcoming chemical dependence. Defendants participating in the drug courts typically need to participate in specialized treatment programs
They may need to complete an inpatient treatment program in addition to outpatient counseling and support services. The goal is to address the factors that contribute to their substance abuse issues and to learn skills that help them avoid a relapse.
3. Passing routine drug tests
Establishing and maintaining sobriety are key elements of successful drug court proceedings. Defendants are typically subject to randomized testing requirements.
They need to be able to pass tests that look for signs of alcohol and drug use with little advance notice. In scenarios where participants in drug court fail tests, they may be subject to sanctions. Those sanctions could include increased testing requirements in the future.
Those facing drug charges may want to explore all of their options for mitigating the worst consequences possible. Pursuing adjudication in the drug courts rather than the criminal courts may be a viable option for defendants in certain circumstances. Defendants may need help looking into their options and selecting the best path forward after an arrest.