If you or a loved one are dealing with a drug problem and have gotten into legal trouble in Montco because of it, there might be a way to get help instead of going to jail.
Pennsylvania’s Montgomery County Drug Court offers a unique and transformative opportunity for individuals struggling with addiction who have found themselves entangled in Pennsylvania’s harsh criminal justice system. Established to reduce recidivism and promote recovery, drug court provides an alternative to traditional penalties with a focus on rehab, education, accountability, and strict supervision.
Here, the Montgomery County defense lawyers at Fienman Defense will explore the eligibility criteria, benefits, application process, and how this program works. If you’re facing drug charges, drug court can offer the first step towards reclaiming your life, achieving sobriety, and protecting your record.
Montgomery County, PA Drug Court
Montgomery County, PA Drug Court is a special judicial diversion program designed for people with drug problems who are facing legal trouble stemming from their addiction. Instead of jail, this court and other “problem-solving courts” help people get better through treatment and support.
In the Montgomery County Drug Court, judges, lawyers, and counselors work to ensure participants follow the rules, attend treatment sessions, and stay away from drugs. They conduct frequent drug tests and regular check-ins with the presiding judge. If participants do well, they can avoid jail time and may even have their charges dismissed. In some cases there is a possibility of having the matter expunged.
The Montgomery County Drug Treatment Court’s mission is to enhance community safety by helping individuals overcome addiction and stay out of trouble.
Who’s Eligible for Drug Court in Montco?
Being admitted to Drug Court is not guaranteed if you were arrested in Norristown, King of Prussia, Willow Grove, Pottstown, or anywhere in Montgomery County. The District Attorney’s Office must recommend you, and the judge and probation department must agree that you are a suitable candidate. Any of these parties (the judge, prosecutor, and probation department) can deny your admission to the Drug Court.
Drug Court is challenging and requires a significant effort and time commitment. However, for many, it is a much better alternative than jail and/or a permanent criminal record.
The Basic Qualifications for Drug Court
- Montgomery County Resident: You must live in Montgomery County.
- Substance Use Disorder: You need to have a clinical diagnosis of a substance use disorder.
- Eligible Criminal Offense: You must have a pending charge or a violation of probation/parole for a non-violent crime.
- Diversion Cases: New criminal cases. Requires written admission of guilt and waiver of speedy trial rights.
- Recovery Cases: For those already on probation/parole. Successful completion may end supervision but doesn’t qualify for record expungement.
- Hybrid Cases: Combination of new arrests and current probation/parole cases. Follow both Diversion and Recovery procedures.
- Restrictive Intermediate Punishment Cases: For level 2, 3, or 4 offenders under PA state guidelines. Must be drug/alcohol dependent and have 3 years of sentence exposure.
You may be considered for the Montgomery County Drug Court Program if you meet these basic qualifications. However, it’s important to note that only a limited number of participants are accepted, and you must demonstrate that you are more likely to succeed than other applicants.
What Charges Are Resolved in Drug Court?
Montgomery County Drug Court is not limited to drug crimes. Instead, this diversion option is open to various offenses that may stem from or are otherwise related to your substance issues. The following types of criminal charges can be considered:
- Non-Violent Offenses: Crimes where no physical harm was inflicted on another person.
- Drug Possession: Cases involving the possession of controlled substances for personal use.
- Property Crimes: Such as theft or vandalism, mainly when motivated by substance abuse.
- Probation Violations: For individuals under probation who commit non-violent offenses.
Criminal Charges Ineligible for Drug Court
Certain serious offenses are deemed inappropriate for this program due to public safety concerns. Here are the types of charges that are generally ineligible:
- Drug Sales
- Manufacturing of a Controlled Substance
- Simple Assault
- Aggravated Assault
- Sex Offenses
- Offenses Involving Firearms
- Violent Crimes
In addition, the Montgomery County District Attorney’s Office may deny or object to an admission based on the nature of the present or past offense, considering all circumstances and victim impact.
Is Drug Court an Option for a DUI?
Drug Court is sometimes a viable option for DUI offenders in Montgomery County if the DUI is non-violent and linked to substance abuse.
To be admitted into drug court for driving under the influence, you must have a clinical diagnosis of a substance use disorder, be a Montgomery County resident, and gain approval from the District Attorney, judge, and probation department. Like other diversion options like ARD, successful participation can provide access to treatment, help you avoid jail for a DUI, and potentially lead to reduced or dismissed charges.
If you have questions about your eligibility for the Montgomery County Drug Court, it is best to consult an experienced attorney in the area. Attorney Michael Fienman deeply understands the eligibility criteria and can help determine if this program is a suitable option for you.
Applying for Montgomery County Drug Court
Applying for Drug Court in Montgomery County, PA, involves several steps to ensure that candidates are suitable and genuinely committed to overcoming their substance abuse issues.
- Initial Assessment: The first step is to undergo an evaluation to confirm that you have a clinical diagnosis of a substance use disorder. This assessment will help determine if Drug Court is appropriate for your situation.
- Submit Application: You, or your attorney on your behalf, will need to apply to the Drug Court. This application includes detailed information about your case, your substance use history, and why you believe Drug Court is the right option for you.
- Screening Process: Once your application is submitted, you will undergo a multi-step screening process. This typically involves interviews with Drug Court officials, where they will assess your motivation and readiness for the program. They may use tools like the Ohio Risk Assessment System (ORAS) to evaluate your risk and needs.
- Judicial Conference: You may be required to attend a Judicial Status Conference. You can observe Drug Court proceedings during this conference and understand the program’s requirements and expectations.
- Clinical Evaluation: If deemed appropriate by the Drug Court Coordinator, you will be referred for a comprehensive drug, alcohol, and psycho/social assessment conducted by the program’s clinical evaluator. This evaluation helps in crafting a tailored treatment plan for you.
- Committee Review: Your application, along with all assessments and evaluations, will be reviewed by the Drug Court Committee. This committee includes representatives from the District Attorney’s office, judges, probation officers, and treatment providers. They will decide on your admission based on the gathered information.
- Final Decision: The final decision on your admission rests with the committee. They will consider various factors, including the nature of your offense, criminal history, readiness for treatment, and potential for your success in the program.
What to Expect in the Montco Drug Court Program?
Once admitted, Montgomery County Drug Court participants undergo a comprehensive program designed to support recovery and ensure compliance. This includes intensive substance abuse treatment tailored to individual needs, frequent drug testing to monitor sobriety, and regular court appearances to check progress.
Additionally, participants have access to support services such as education and job training, which help them rebuild their lives and maintain long-term sobriety. The program’s structure ensures that participants receive the necessary treatment and support while being held accountable through continuous judicial oversight.
The Pros & Cons of Drug Court
Montgomery County Drug Court offers significant benefits, but it’s not for everyone or every case. Drug court provides intensive treatment for substance abuse, the potential to avoid jail time, and the chance to have charges reduced or dismissed upon successful completion. Participants also receive tailored support services like education and job training, which aid in long-term recovery and reintegration into society. The program’s structured environment and regular court appearances help maintain accountability and foster positive behavioral changes.
However, the Drug Court is demanding and requires a substantial commitment of time and effort. If you are not serious about dealing with your addiction, drug court is not for you. Noncompliance will lead to swift penalties, including increased drug testing, community service, or even termination from the program, resulting in reinstatement of criminal proceedings. Common violations include failing or tampering with drug tests, missing court appointments, and not adhering to treatment plans.
Despite these challenges, many find the structure, support, and opportunity for rehabilitation a preferable alternative to traditional sentencing.
Drug Courts Deal with Charges at the Source
It’s a sad fact that many people charged with crimes have an addiction, which is often the root cause of their legal issues. Traditional responses that focus on punishment rather than treatment typically fail to address this underlying problem, leading to high rates of re-offense.
Programs like the Montgomery County Drug Court are designed to correct the shortcomings of the justice system regarding substance abuse. But they are still complicated and hard to navigate without legal help.
The Right Lawyer Improves Your Odds in Montco Drug Court
An experienced lawyer is crucial in guiding eligible participants through the Montgomery County drug court application process, advocating on their behalf, and ensuring they understand and meet all program requirements. Your attorney can also help maximize the chances of successful admission and completion of the program, ultimately aiding in your recovery and putting the resulting criminal charges behind you.
Contact Fienman Defense in Montgomery County
If you or a loved one is struggling with addiction and facing criminal charges anywhere in Montgomery County, reach out to Attorney Michael Fienman.
Fienman Defense is down the street from the Magisterial District Courts (MDJ) in Lower Merion Township. The courthouse for MDJ 38-1-06, MDJ 38-1-07, and MDJ 38-2-04 is located on Montgomery Avenue in Narberth, PA. As a fixture in the local courts, attorney Fienman knows what it takes to get you approved and admitted into Drug Court if it serves your best interests.
Contact us for a free and confidential case evaluation. We’ll discuss your case, options, and whether drug court or another program could favorably resolve your charges.
Attorney Michael H. Fienman represents clients in criminal and traffic matters throughout Pennsylvania and New Jersey. Mr. Fienman has completed the same DWI detection training as most law enforcement officers, and he holds a certificate in Standardized Field Sobriety Testing approved by the National Highway Traffic Safety Administration (NHTSA). As an experienced trial attorney, practicing in Montgomery County for nearly 15 years, he understands your rights. He is a zealous advocate known for relentlessly defending clients in state court, federal court, and before administrative agencies.
Attorney Fienman is licensed to practice before the Supreme Court of Pennsylvania, the Supreme Court of New Jersey, the US District Court for the District of New Jersey, and the US District Court for the Eastern District of Pennsylvania.
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