Drug charges have a way of derailing a defendant’s plans for the future. People often plead guilty in the hopes of securing lenient sentencing, only to face lifelong challenges because they now have a criminal record. They may also be at risk of recidivism or repeat offenses because the charges they face stem from a substance abuse issue. The trauma of criminal prosecution and incarceration, as well as the social stigma of having a criminal record, can potentially worsen the underlying substance abuse and mental health issues that led to drug charges.
For some defendants, the drug courts, also known as the adult treatment courts, could be a viable option. Who is eligible for adjudication in the drug courts?
Many defendants may qualify
South Dakota drug court proceedings are an alternative to traditional criminal prosecution. The focus of the drug courts is rehabilitation and treatment, rather than punishment. Defendants who qualify for drug court proceedings meet regularly with court officials. They must undergo intensive treatment. The courts also require that defendants submit to drug and alcohol screening.
Typically, the drug court process takes a minimum of 14 months to complete. To be eligible, a defendant typically has to face felony charges associated with substance abuse. Professionals have to affirm that chemical dependence may have factored into the criminal charges they face.
Additionally, the defendant cannot have a history of violent criminal charges or sex offenses in most cases. Those who qualify for drug court proceedings must agree to undergo treatment and intensive court supervision, as drug court is a voluntary process.
For those who are eligible, drug court proceedings can be beneficial for several reasons. They protect people from the penalties associated with a traditional criminal conviction. They also help facilitate treatment and sobriety.
Individuals who successfully complete drug court may be able to gain control over their substance abuse issues. In other words, they may have an easier time staying sober and avoiding additional criminal infractions in the future. They can also avoid jail time and other traditional criminal penalties.
Exploring different options when facing serious drug charges can help defendants choose the best path forward. Drug court adjudication may be a way to limit the lasting consequences of an arrest for an alleged drug offense.