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Articles Posted in Drug Court

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Florida drug courts were developed as an alternative to regular court, and it was meant to help those struggling with addiction. The emphasis in drug court for people convicted of Miami drug crimes is treatment and rehabilitation, rather than punishment. A non-adversarial approach is used. In a recent appellate decision, the court considered a case in which the defendant had been denied admission to drug court based on an administrative order.

The defendant asked the appellate court to review the lower court’s decision he wasn’t eligible for the drug court program and the administrative order that denied him admission to the drug court program. The appellate court reasoned that the administrative order departed from basic legal requirements.

The defendant had been charged with heroin and a DUI. The prosecutor had, at first, agreed to the defendant’s admission into the drug court program as it connected to possessing heroin. The felony judge who was assigned to the case referred the defendant to arraignment in drug court where he could be observed, and his eligibility reviewed.

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When arrested for Drug Possession in the state of Florida you will more than likely get put into the drug court system. The nation’s first drug court was established in 1989 in Miami-Dade County by Chief Judge Gerald Wetherington, Judge Herbert Klein, then State Attorney Janet Reno and Public Defender Bennett Brummer.  Drug Court was designed with the purpose to include drug treatment into the criminal system for people that are believed to be getting into legal trouble due to drug abuse problems. Drug courts combine mandatory substance abuse treatment, sanctions and incentives, and focused judicial supervision to break the cycle of drug addiction and associated crime. Miami Criminal Attorney Evan A. Hoffman is well versed in all procedures in drug possession arrests and drug court procedures.

Florida Statutes have authorized two types of “drug courts” The First type is PTI or Pre-Trial Intervention Programs and the second type is Probationary Programs. Since the first drug court there have been major expansions and we now have misdemeanor drug court, felony drug court, juvenile delinquency, and dependency divisions. There are over 106 different drug courts in the Florida State Court System.

According to Florida Statutes some of the consequences that can be included in sentencing for someone in drug court are as follows:

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