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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16030
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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What if you were sentence to what they call drug Court is there

Resolved Question:

What if you were sentence to what they call drug Court is there a way that I can get out of this and maybe be put on court probation
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.

Hi Jacustomer,

I have a lot of experience with Drug Court, and they are going to insist that you have a job or be in school full time and have stable housing before you could graduate their program anyhow. I know that it is very time consuming and intrusive, but so is regular probation. If you are going to be working hard anyway to get your life back in shape and acquire a career, settling for the criminal conviction may be easier over the short haul but something you could end up kicking yourself for years down the road.

I don't mean to lecture you, and I'll stop. But do think over what you're possibly giving up before walking away from the only shot you have at a clean record.

You had a lawyer who was with you when you took the plea to drug court. And there should be a lawyer assigned to the court who handles all of the drug court cases. You also should have a social worker in the courthouse. These people are there to help you when you have a problem. It's been my experience that if you really want to back out of the program that badly, it can occasionally be negotiated for you. You need to sit down with your social worker and explain why you want to get out of this and then you also have to talk to the Treatment Court Lawyer. Among the two of them and you, they will have to come up with a really good excuse for wantiing to drop out, because you have already agreed to a jail sentence if you can't finish this program. But can it happen? Yes, but not quickly or necessarily easily.

Customer: replied 1 year ago.

What other opinions do I have can I do what is called CJCJ

Expert:  Zoey_ JD replied 1 year ago.
Hi Dolores,

Per your contract with the court your only options are Treatment Court and prison. Nobody has to give you anything else. Anything else must be negotiated and it's not an easy sell. The ones I know who got out of it had medical conditions, for example, that required them to be on drugs which would test positive, or they had other serious issues within their lives that conflicted with the only programs that would serve them..

YOu can talk to your counselor, lawyer and treatment court lawyer. This is what they are there for. They want you to succeed and if you feel you can't and could do better with something else, you have to tell them and they will work with you.

I don't know anything at all about CJCJ as it's a California program. From what I see though, it's for juveniles. But you have to remember that you are not holding any cards in your hand to deal with. You gave all of that up in the first place to get this opportunity at Treatment iin the first place.. So the only way what you want will come about is if the people who are trying to help you know what you are most interested in. You won't be the first person to get frustrated with the program and want to switch out of it midstream. But to get out of it, you have to use the channels provided to you and let them work on something for you.
Customer: replied 1 year ago.

I'm HIV postive and I have a lot of health issues so what you are saying that maybe that I can use my health iussue to get out of this. I'm on mrthadone and oxycodone will that help

Expert:  Zoey_ JD replied 1 year ago.
Hi,

YES! That's exactly the kind of thing that can help. The test cannot discriminate between the lawful and the unlawful use of drugs. With a serious condition and a doctor who says there's no real effective substitute except for other controlled substances you should be able to get out of this. It doesn't change what I said in the first place. You have to utilize the tools they give you to make the change -- your counselor and your lawyer.

But if you can't test, you can't graduate. And that's your ticket out to regular probation.
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16030
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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