There are drug courts for the Country. Generally, they’ve been special courts built to treat individuals who have an addiction issues and are also into the justice system that is criminal. There are currently more than 2,450 Drug Courts operating throughout the United States with all 50 states having a program. District of Columbia Superior Court Drug Intervention Program (SCDIP) has been in operation for over 20 years. SCDIP is a program that is voluntary
Criminal Defense attorneys who make a blanket statement “I don’t have clients do drug court” are doing a disservice to their clients especially if the good reason they are in criminal justice system is for addiction. Good defense that is criminal will explore all options including taking part in the program.
Over the program associated with the year that is last SCDIP has gone through some major changes. SCDIP requires a participation that is minimum of months. This short article gives a short history of the way the defendant that is typical District of Columbia Superior Court Intervention Program.
The client comes into the justice that is criminal either faced with a misdemeanor or a felony case in DC. Superior Court. It must be noted that SCDIP is just applicable to charges prosecuted because of the united states of america Attorneys Office when it comes to District of Columbia. The Attorney General when it comes to District of Columbia prosecution that is criminal does not participate in SCDIP; and therefore, serious traffic charges are not eligible.
Misdemeanor cases Intake
The defendant reports for arraignment (initial charge). Thereafter, the full case is scheduled for status. The Court at arraignment might impose an evaluation and if positive program placement. If the test that is positive may order an addiction severity index (ASI). ASI is an assessment where a drug counselor expert advises what treatment solutions are required associated with the defendant.
At the status hearing, pretrial services may recommend drug court as a choice. The government will be given 2 to 3 weeks to screen whether they will allow participation in drug court if pretrial services recommends drug court. The case will be set for an status that is additional.
At the ultimate status hearing, if pretrial services and us attorneys and also the defendant agree the scenario is supposed to be certified into the drug court calendar on a Tuesday or Thursday.
Upon Successful completion of a misdemeanor case in drug court, the full case will be dismissed.
Felony cases Intake
The defendant is presented on a felony complaint. The case is set for preliminary hearing. The court at presentment might impose an assessment if positive program placement. In the event that defendant test test that is positive drugs, pretrial may order an addiction severity index (ASI). An ASI is an evaluation where a drug counselor expert advises the Court what treatment is recommended.
If Pretrial services recommends participation in drug court and the defendant ais willing, he might proceed without US attorney’s recommendation. The defendant may have 2 separate court dates, one before the felony judge and one before the drug court judge unlike the misdemeanor. In fact, the defendant can request a trial or still plead guilty and be involved in drug court.
If the usa Attorney’s office approves for participation the defendant, the U.S. Attorney’s office may grant an sentencing that is amended (ASAs). The government will agree to permit the defendant to amend his/her plea at the final sentencing date and plead to a lesser included misdemeanor charges instead of the felony.
If if the defendant successfully completes the ASA The US attorney’s office did not approve participation, upon successful completion of a felony case in drug court, the court might grant a phrase of probation however it is not guaranteed.