Drug Court
St. Petersburg Adult Drug Court Attorney
If you are a first time offender and have been arrested for a Drug Crime in the Tampa Bay Area including St. Petersburg, Clearwater, Pinellas County, Tampa, Hillsborough County, or surrounding counties, contact the Morris Law Firm, St. Petersburg Criminal Attorney, for specific information and expertise on Drug Court in Pinellas and Hillsborough Counties.
What is Drug Court?
The concept of Drug Courts originated in Florida. In 1989, the Miami-Dade County Eleventh Judicial Circuit Court of Florida developed an intensive, community-based, treatment, rehabilitation, and supervision program for felony drug offenders to address what was then rapidly increasing recidivism rates. The program proved to be a success by lowering re-arrest and conviction rates, improving substance abuse treatment outcomes, reuniting families, and also producing measurable cost benefits. Today there are more than 2,140 Drug Courts in operation including those in Pinellas, Hillsborough, Manatee, Sarasota, and Pasco Counties.
Drug Court offers treatment as an alternative to prison and jail for non-violent, substance abusing offenders. By increasing direct supervision of offenders, coordinating public resources, and expediting case processing, Drug Courts can help break the cycle of criminal behavior, alcohol and drug use, and incarceration.
Drug Court is a voluntary program that involves regular court appearances (referred to as Judicial Reviews, Status Hearings, or Case Reviews) before a designated Drug Court judge. The Drug Court exists to provide participants the opportunity to become productive, drug-free members of the community. Providing participants timely, comprehensive, and appropriate substance abuse treatment, aftercare, and compliance monitoring helps to eliminate substance abuse and reduce recidivism among participants.
For defendants entering Drug Court through Pre-Trial Intervention-diversion (first-time offenders, nonviolent, 3rd degree felons), successful completion and graduation from the program will typically result in a dismissal of the charge. For defendants entering the drug court as a condition of probation (post-plea drug court), successful completion will typically result in a withhold of adjudication of guilt, and/or a reduced length of probation.
Who Is Eligible for Drug Court?
Eligibility for Adult Drug Court is determined at the time of the filing of an Information by the State Attorney's Office. The State Attorney's Office screens each and every adult felony case after arrest to determine if the defendant meets eligibility criteria.
Qualifying criteria typically includes the following:
- Drug possession (§893.13, Florida Statutes) excluding trafficking amounts
- Purchase of drugs
- Small sales of drugs where the facts indicate the seller is supporting his or her habit
- Property crimes where the victim agrees and other third degree felonies where the facts indicate the offense as drug related or influenced
- Violations of probation on the above crimes where all the crimes before the court would individually qualify
Disqualifying criteria typically includes the following:
- Defendant has been designated for treatment as habitual or violent felony offender under FP AA guidelines
- Defendant is in violation of controlled release
- Defendant is in violation of parole
- Defendant has current charge(s) that have resulted in serious personal injury to victim(s)
- Defendant has a history of sale of controlled substances indicating profiteering
- Defendant defined as "violent offender" as defined by Statute 42 U.S.c. 3797
What To Expect in Drug Court:
Participants in Drug Court can usually expect a combination of Treatment, Judicial Supervision, Incentives and Sanctions, and should be aware that they can potentially be expelled from the program.
Treatment
Drug Courts utilize multiple treatment providers to supply both residential and outpatient substance abuse treatment services. Additional providers are often accessed to provide collateral and ancillary services such as mental health or medical services. Information is exchanged among treatment providers after the client signs Consent to Release Information forms. Information is exchanged on a regular basis at the Case Staffing, through written reports, and verbal communication among the collaborating partners and providers. Participants in Drug Court will receive an individualized treatment plan that is developed with the treatment team. Several screening/assessment tools are used including a psychosocial assessment, mental health assessment, physical health screening/ examination, dietary screening, urine drug screening and risk factor screening. A treatment plan is developed based on individual issues and can be reviewed and revised at any time based on issues that occur in treatment, the home, or the community. Drug Court is unique for each participant in that the level, intensity, and duration of treatment is based on the specific assessed needs of the individual.
Judicial Supervision
Drug Court participants typically appear every 30 to 45 days for Status Hearings (Judicial Reviews). Before a Status Hearing, the Drug Court team conducts a Case Staffing meeting to discuss each client's progress, and to provide input and feedback. Team members who participate in Status Hearings other than the judge and participant include: Probation Officers who report on a participant’s progress in the community and under supervision, substance abuse treatment representatives who report on a participant’s progress in treatment, Defense Attorneys who ensure a participant’s due process rights are protected, a representative of the State Attorney's Office who represents and protects the interests of the community, and the Drug Court Coordinator whose role is to be the liaison among all involved entities and drug court team members.
Incentives and Sanctions
During a Status Hearing, the judge may provide for incentives or sanctions depending on the progress of the participant.
Incentives may include:
- Encouragement and recognition
- Furloughs to travel out of county or out of state
- Advancement to the next phase of treatment
- Early termination of probation
- Formal graduation and a certificate of completion from the drug court program
Sanctions may include:
- Increased frequency of substance abuse testing
- Supervision and treatment
- Extended probation
- Demotion to an earlier phase of treatment
- More intensive treatment regimen
- Brief periods of incarceration ("judicial hold")
- Termination from the Drug Court program
- Reinstatement of criminal proceedings.
The court imposes sanctions based upon reports from treatment providers and probation officers. Sanctions are usually administered for non-compliance, testing positive, and unsatisfactory performance in treatment, absconding from treatment, and new arrests.
Expulsion
Participants Drug Court may be terminated from the program at the discretion of the Drug Court Judge or the State Attorney's Office.
Participants may be terminated by the Drug Court Judge for:
- Continuous failure to participate in treatment
- Continued positive urinalyses results after completion of treatment
- And/or failure to comply with other program requirements
Participants may be terminated by the State Attorney's Office if she/he is formally charged with any of the following crimes:
- Drug Trafficking
- A property crime in which the victim objects to defendant's participation in the Drug Court program
- Sale of Controlled Substances
- And/or any other crime that qualifies the participant as a violent offender, as defined by 42 USC 3797
Benefits of Drug Court:
- Avoid the stress and cost of a criminal trial
- Avoid potential criminal charges
- Avoid a potential permanent criminal record
- Receive counseling, education, medical, and psychological treatment
- Reduced recidivism rates for those who successfully complete Drug Court
- Eligibility to have criminal charges Sealed
Individuals who successfully complete Drug Court will typically have their criminal charges dismissed. It is important to understand that even though your criminal charges may be dismissed, it does not mean that they have been Sealed. Sealing your criminal record in Florida is a separate process that may be initiated after you have completed a Pretrial Intervention Program.
Back to top
Potential Defenses:
We will strive to file any necessary motions to dismiss or motions to attempt to exclude evidence in an effort to maximize your opportunity for a positive outcome. As your criminal defense lawyer, we will represent you at any necessary pre‐trial hearings, pre‐trial motions, and at trial.
Back to top
What To Do Next:
If you have been arrested:
1. Don't speak to the police - ask to have an attorney present.
2. Don't give a written statement – again, ask to have an attorney present.
3. Contact an attorney immediately.
4. Collect and document your own evidence.
Back to top
 |
|
You have a very narrow window of time between when you are arrested and when the State Attorney's office makes a decision to file a criminal charge against you. Hiring an attorney immediately to negotiate on your behalf gives you the best chance of avoiding criminal charges.
|
 |
Back to top
Morris Law Firm | St. Petersburg Criminal Defense Attorney for Drug Court
If you are a First Time Offender for a Drug Crime seeking to enter Drug Court to potentially avoid formal criminal charges, contact a St. Petersburg First Time Offender Attorney to discuss possible defenses and specific strategies that may exist in your case. Call the Morris Law Firm at 727-388-4736 to discuss your case directly with an attorney, or fill out our Online Form to be contacted for a Free Initial Consultation. The Morris Law Firm can help and has specific knowledge and experience in defending first time offenders seeking Pre-Trial Intervention throughout Pinellas County and the entire Tampa Bay, FL Area (St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Bradenton, Manatee, and Sarasota).
Back to top
Pinellas, Pasco, Polk, Manatee, Sarasota, and Hillsborough County Drug Court Contacts:
Sixth Judicial Circuit
Pinellas County Adult Drug Court – Pretrial / Post Adjudication
Pasco County Adult Drug Court -- Pretrial / Post Adjudication
Pasco County Dependency Drug Court
For specific information on the Pinellas County adult programs or the Dependency program contact:
Shannon Loveday
Drug Court Manager
Sixth Judicial Circuit
14250 - 49th Street North
Clearwater, Florida 33762
Phone: 727/453-7063
Email: sloveday@jud6.org
Julia O’Connor
Program Manager
Adult Drug Court, Div Z
14250 49th Street North
Clearwater, Florida 33762
Phone: (727) 453-7570
Email: joconnor@jud6.org
For specific information on the Pasco County programs contact:
Stephanie Lombardi
Drug Court Coordinator
West Pasco Judicial Center
New Port Richey, Florida 34654
Phone: 727/847-2411 ext 8489
E-mail: slombard@jud6.org
Click here to visit the Sixth Judicial Circuit Drug Court Website.
Tenth Judicial Circuit
Polk County Adult Drug Court – Pretrial
Polk County Adult Drug Court – Post Adjudication
Polk County Misdemeanor Drug Court
Polk County DUI Drug Court
For information on these programs contact:
Ray Connors
Drug Court Manager
Trial Court Administrator’s Office
Post Office Box 9000, Drawer J-138
Bartow, Florida 33831
Phone: 863/534-4983 SC: 569-4983
Fax: 863/534-7703
E-mail: rconnors@jud10.flcourts.org
Twelfth Judicial Circuit
Manatee County Adult Drug Court – Pretrial / Post Adjudication
Manatee County DUI Drug Court
Sarasota County Adult Drug Court – Pretrial / Post Adjudication
Sarasota County DUI Drug Court
For specific information you may visit the Twelfth Circuit website. Also for information on the Manatee County adult and juvenile programs contact:
Robert I. Donnellan
Manatee County DUI Court
Program Director
Phone: 941-749-3600 ext 7073
Fax: 941-749-3694
Email: rdonnellan@jud12.flcourts.org
Alfred James
Drug Court Coordinator
920 Manatee Avenue West
Bradenton , Florida 32405
Phone: 941/742-5690
Fax: 941/742-5680
E-mail: ajames@jud12.flcourts.org
For specific information on the Sarasota County adult program contact:
George Johnson
Drug Court Program Director
1991 Main Street, Suite 210
Sarasota , Florida 34237
Phone: 941/861-8120
Fax: 941/316-1637
E-mail: gjohnson@jud12.flcourts.org
Click here to visit the Twelfth Judicial Circuit website. Go to the "General Information" link, then click on "Court Programs" and "Drug Court."
Thirteenth Judicial Circuit
Hillsborough County Adult Drug Court – Pretrial
Hillsborough County Adult Drug Court – Post Adjudication
Hillsborough County Juvenile Drug Court
Hillsborough County Dependency Drug Court
For specific information you may visit the Thirteenth Circuit website. Also for information on these programs contact:
James (Jim) Downum
Interim, Drug Court Coordinator
800 East Twiggs Street, Room 605
Tampa, Florida 33602
Phone: 813/272-5518
Fax: 813/276-2987
Email: downumj@fljud13.org