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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23175
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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if charged with misdeamor instead of felony but have previously

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if charged with misdeamor instead of felony but have previously been charged with class e felony charge can person do drug court?
Hello again

Technically, if his felony were reduced he'd be eligible for drug court. He could get it if:

1) the particular county has a misdemeanor drug court (they don't all),

2) he has a documented history of drug abuse, as this is not a drug case ,

3) the DA is willing to take a chance on him, as they have complete discretion as to who gets it and who doesn't, and

4) and if there's a program willing to work with him, as frankly they are not fond of taking in people with theft rather than drug histories. Even though we all know that theft offenses may very well be related to drugs, theft offenders are well known to cause in-house problems, and the programs won't all risk it.

In my experience, and I spent several years in treatment court as in-house counsel, he has about a 60% chance of getting treatment court. He'll likely need his lawyer to really push for it.
Customer: replied 2 years ago.
i know in broome county we do have drug court


If there's a misdemeanor drug court, then he can be considered for the program. As you say that he'd taken shock incarceration, the system is aware that he's got a drug history. It's going to depend upon the DA and whether the team can find the right program for him.

He ought to make it clear to his lawyer, however, that he wants drug treatment court after his case is reduced. Let him start looking at that possibility now.

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