“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