Drug Court often gets brought up when someone is charged with DWI. If you find yourself in this situation, you may wonder whether going to Drug Court would benefit you or not. The following gives some specific scenarios of when you should and should not go.
Being Order to Drug Court
If a judge orders you to Drug Court for your DWI case, you have no other option than to go or spend more time in jail. If you are ordered, you should go and give it your best shot. Most individuals who are ordered are repeat offenders, though if the charges are serious enough, you could be ordered on a first offense as well.
Adding Drug Court to a Plea Agreement
It’s possible you will want Drug Court to be part of a plea agreement. Both parties have to agree on the terms in order for it to hold, otherwise the defendant will go to trial instead. If your plea deal includes Drug Court, but lessens the sentence otherwise, it may be your best shot, and you may want to go. Your lawyer can help you make that determination.
Keep in mind that even if you and the prosecutor agree to those terms, the judge could throw the deal out the window. If the judge refuses your plea, you typically have the right to withdraw it.
Volunteering to Go to Drug Court
If Drug Court isn’t necessary by order or plea, you may not want to volunteer to go because of how challenging it is. Drug Court demands certain requirements for counseling, extreme supervision, multiple court appearances, regular drug tests, and random drug tests. When someone fails out of Drug Court, they go to jail. It becomes your only option, which is why you may not want to risk going to such a difficult program just to end up in jail anyway.
If you have a chance of a lesser sentence for your DWI charge, Drug Court may not be in your best interest. If you feel you need the strict standards set forth by the court, it’s possible you can reach out to a rehab center for counseling, help with detox, information on AA, and more. Doing so keeps you out of jail, while still receiving the help you may desperately need.
Contact Your Lawyer for Help
Drug Court isn’t always a requirement, and when it’s not, you may not want to volunteer. If you wonder whether to go, speak with a lawyer, like a criminal lawyer from Rispoli & Borneo, P.C., for help in making that determination.