Adults in Florida get arrested for drug offenses every day. Those in the Punta Gorda area may face charges related to the illegal possession of illicit substances or prescription medications. For many people, addiction begins with drugs recommended by a physician.
They may then transition to street drugs when they can no longer obtain a consistent supply of the medication their doctor previously recommended. Others may start self-medicating for chronic pain or mental health issues and may then become dependent on the substances that they regularly consume.
Those arrested for possession or purchasing a drug may face charges that saddle them with a lifetime criminal record and put them at risk of various criminal penalties. In some cases, those accused of drug offenses in Florida may qualify for pretrial diversion. As a result, they can have their cases go through drug court instead of the criminal courts.
When is drug court potentially an option for drug defendants in Florida?
The offense must relate to a substance abuse disorder
Charlotte County, like many other Florida jurisdictions, has an established drug court program. Qualifying defendants facing non-violent offenses can request court oversight and mandatory treatment instead of traditional criminal prosecution. Typically, only those accused of offenses related to purchasing or possessing drugs qualify for drug court. Those accused of manufacturing or trafficking may not qualify.
Additionally, mental health or medical professionals typically have to affirm the presence of a substance abuse disorder that impacted their behavior. Provided that the situation meets the necessary standards, Florida defendants can avoid a trial and can instead undergo court-supervised treatment to address the substance abuse disorder that led to their arrest.
What does drug court involve?
Drug court proceedings do not involve fighting the charges or creating a reasonable doubt about the defendant’s involvement in drug-related activities. Instead, the defendant submits to court supervision while they undergo treatment.
The process typically lasts at least a year. They may have to spend time at an impatient rehabilitation facility and attend group counseling in addition to one-on-one addiction treatment support. They have to regularly attend meetings with court professionals and submit to randomized drug screening to ensure they do not start using illicit substances during drug court proceedings.
Although the process is lengthy and demanding, those who successfully complete drug court can avoid the stigma of a criminal record and the punishment that the courts can impose after a guilty plea or conviction. Drug court can help people learn from their mistakes and improve their lives.
Discussing what led to pending drug charges with a skilled legal team can help people explore their different defense options, including whether or not drug court might be a solution for them. Drug court can be a lower-risk option for those who acknowledge that a drug offense is the result of a problem with chemical dependence.
