drug court diversion in florida
TRANSCRIPT
“Drug addiction is certainly not an excuse for committing criminal offenses; however, it is frequently an explanation
for why people commit them.”
DRUG COURT DIVERSION IN FLORIDA
AMANDA POWERS SELLERS AND JENNA C. FINKELSTEIN
Drug addiction and crime have long been linked to each other. All too
often, in fact, drug use leads to crime, either as a way to obtain drugs
directly or to obtain the money needed to sustain a drug habit. Sometimes,
though not as often as you may think, drug use is also a contributing factor
in violent crimes. Drug addiction is certainly not an excuse for committing
criminal offenses; however, it is frequently an explanation for why people
commit them. It only stands to reason then that if a drug addict continues
to use drugs, he or she will continue to commit crimes.
Therefore, addressing the underlying drug problem benefits not only the
offender, but society as well. That line of thinking is what is behind the
State of Florida’s Drug Court Diversion program. If you, or someone you
love, is currently facing criminal charges in the State of Florida and a drug
problem played a role in the commission of the crime, Drug Court Diversion
may be an option. Only an experienced Florida criminal defense attorney
can evaluate the specifics of your case to determine if you are eligible for
Drug Court Diversion; however, it may be beneficial in the meantime to
have a basic understanding of the program.
DRUGS AND CRIME – HOW BAD IS THE PROBLEM?
Just about everyone knows that drugs and crime have a symbiotic, albeit
unhealthy, relationship. Just how bad is the problem though? According to
the Bureau of Justice Statistics, or BJS, the correlation between drug use
and crime is
probably worse than
you thought. In a
recent study, 17
percent of state and
19 percent of federal
inmates admitted
that they committed
the crime for which
they are incarcerated
to obtain money to
purchase drugs. Drug addicts are much more likely to commit property or
drug offenses than violent offenses. The same study found that 30 percent
of property crime offenders and 26 percent of drug offenders committed
their crime for drug money while only 10 percent of violent crime offenders
admitted to committing their crime for drug money. Only about four
percent of homicides are drug related.
Not surprisingly, drugs also plays a significant role in the actual commission
of many criminal offenses. BJS data shows that 32 percent of state and 26
percent of federal prisoners admit to having been under the influence of
drugs during the commission of their offense. Over half (56 percent) of
state prisoners indicated that they were addicted to, or abused, alcohol or
drugs prior to being incarcerated.
WHAT IS DRUG COURT IN FLORIDA?
The underlying concept behind the Drug Court program in Florida is to
provide offenders who have a drug problem with the option to complete a
rigorous rehabilitation program in lieu of other sentencing options,
including jail or probation. An offender may enter Drug Court in one of two
ways:
Pre-trial intervention –a defendant may be eligible to enter Drug
Court Diversion before a conviction has been entered. In this case,
successful completion means the original charges are dismissed.
Condition of probation –a defendant may be ordered to complete Drug
Court as a condition of probation, meaning the defendant has already been
convicted of, or pled guilty to, a criminal offense. In this case, successful
completion may result in adjudication being withheld or a reduced term of
probation.
WHO IS ELIGIBLE FOR DRUG COURT?
For the pre-trial intervention program you may be referred to Drug Court
by the State Attorney’s Office or through your attorney petitioning for
consideration. Either way, you must go through an intensive screening
process to determine if you are eligible for the program. As a general rule,
the pre-trial intervention program only accepts first-time, non-violent
offenders charged with a third degree felony.
For the post-conviction probation program, the judge must order your
participation as a special condition of your probation. Often, offenders
placed in the post-conviction program are not eligible for the pre-trial
intervention because of previous felony convictions.
In addition, for either program you must admit you have a drug problem,
that the drug problem was a factor in the offense you committed, and you
must be willing to complete the program.
WHAT DOES DRUG COURT ENTAIL?
Drug Court Diversion is an 18 to 24 month long program. The length of the
program, as well as the treatment plan, will depend heavily on an
assessment and
evaluation conducted
before you are
officially admitted to
the program.
Treatment may include
inpatient or outpatient
counseling and rehabilitation. In addition to ongoing treatment, a
participant will be required to appear for periodic review hearings in court
as well as submit to random urinalysis testing to ensure that you are drug-
free.
In addition, Pinellas County recently became the first county in the nation
to run a “ladies only” Drug Court program. Until fairly recently, almost 80
percent of the Drug Court participants were men. Now, nearly half the
participants are women, prompting the court to develop a program aimed
specifically at figuring out why more and more women are showing up in
the criminal justice system with drug problems.
If you believe that you, or a loved one, could benefit from participation in
one of Florida’s Drug Court Diversion programs, contact an experienced
Florida criminal defense attorney right away to discuss the possibility.
Families Against Mandatory Minimums, Florida Drug Court Availability and
Eligibility
Sixth Judicial Circuit, Adult Drug Court
Office of the State Attorney, Diversion Programs for Adults
Bureau of Justice Statistics, Drugs and Crime Facts
Tampa Bay Times, Federal Grant Helps Pinellas County Run Nation’s First
Drug Court for Women
ABOUT THE AUTHORS
Amanda Powers Sellers
Florida criminal defense lawyer, Amanda Powers Sellers,
has aggressively defended thousands of Florida criminal
cases. With over nine years of criminal jury trial
experience, she has the necessary background to represent
cases ranging from Driving under the Influence (DUI) to
First Degree Murder.
Amanda is a seasoned litigator and an aggressive negotiator. With a wealth
of experience she has proven that her gentle, but aggressive style of criminal
defense litigation consistently achieves results for her clients.
Jenna C. Finkelstein
Florida criminal defense attorney, Jenna Finkelstein, has
over sixty (60) criminal jury trials to her credit. Her
experience defending individuals charged with crimes in
the state of Florida ranges from domestic battery to DUI
Manslaughter, Sexual Battery, First Degree Murder and all
crimes in between.
She is passionate about the law and promises personal attention to all of her
clients and their individual needs. Jenna is a seasoned trial attorney who
knows the legal system and its players. Jenna and her team at the Law Offices
of Powers Sellers & Finkelstein, PLC, are committed to fighting for you.
Powers Sellers & Finkelstein, PLC 6344 Roosevelt Blvd. Suite B
Clearwater, FL 33760 727-531-2926
http://psffirm.com