Drug prohibition laws turn medical issues into criminal matters. People who are struggling with mental health issues, are self-medicating for chronic pain or are dealing with addiction may face criminal prosecution due to their use of prohibited or controlled substances.
Drug charges can lead to a reputation-damaging criminal record. They can also lead to consequences, such as incarceration, that can drastically worsen an individual’s circumstances. Defendants facing drug charges are often anxious about what comes next. Some plead guilty to avoid a trial. Others may work with lawyers to negotiate plea bargains that limit their criminal consequences. In some cases, a defendant facing drug charges may be able to request adjudication in the drug courts as a means of minimizing the consequences they face.
How do the drug courts work?
The drug courts offer a form of pre-trial diversion to individuals accused of crimes related to a substance abuse disorder. Unlike a trial, where the goal is to prove criminal activity, the goal during drug court proceedings is to help a defendant achieve and maintain sobriety.
Drug court requires intensive supervision from court professionals. The defendant usually needs to submit to randomized drug testing for the duration of the process, which could be anywhere from one to three years. They may need to complete substance abuse education and counseling.
Ideally, those who qualify for drug court proceedings can work cooperatively with court-appointed professionals to address the issues that led to their criminal charges. They work through their substance abuse disorder and develop skills that can help them avoid making the same mistakes again in the future.
The state could dismiss the criminal charges or agree to a reduced charge. The defendant can also usually avoid imprisonment. People who successfully complete the drug court process can avoid many of the worst consequences of a criminal conviction. They may also benefit from the structure and oversight provided.
Those who want to take control of their situation when chemical dependencies lead to criminal charges may need to consider the drug courts as they evaluate their options. Seeking treatment and embracing personal accountability can help people limit the long-term consequences of pending drug charges.
