• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Am I able to opt out of drug court and use my first offenders to take regular probation?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

It's my first offense ever. I took drug court unknowingly of what it entailed. I'm a year in and it's too much for me. I transferred my case from the county I was arrested in. My charges were possession of cocaine, heroin, mety and paraphernalia. All the amounts were less than a half gram of each. I haven't plead in in the county I'm doing the drug court it. I'm not sure if I plead in in the county I was arrested in and then transferred and that's why I never had to plead in the county I'm in now. I dont know if signing the plea deal binds you to the program. If I haven't done that could I opt out of the program and serve regular probation? Thanks.
 


FlyingRon

Senior Member
What state are we talking about?

You do understand that regular probation may be as daunting as what you're facing now? Drug tests are common either way.
 

quincy

Senior Member
It's my first offense ever. I took drug court unknowingly of what it entailed. I'm a year in and it's too much for me. I transferred my case from the county I was arrested in. My charges were possession of cocaine, heroin, mety and paraphernalia. All the amounts were less than a half gram of each. I haven't plead in in the county I'm doing the drug court it. I'm not sure if I plead in in the county I was arrested in and then transferred and that's why I never had to plead in the county I'm in now. I dont know if signing the plea deal binds you to the program. If I haven't done that could I opt out of the program and serve regular probation? Thanks.
The state name is important.

The drug court programs in Michigan are not unlike probation for diversion programs. The terms and conditions of both are similar in that there will be random drug testing, community service hours, alcohol/drug education classes, and supervision. All terms and conditions must be met to the satisfaction of the court or the guilty plea on the criminal charge (the plea of which is required to be eligible for the programs) can be entered - and you wind up with a criminal record.

The major difference between the programs is that, with drug court, you get treatment for your addiction and you significantly decrease your odds of reoffending. The programs have been shown to successfully reduce recidivism.

That is in Michigan. Your state might not have invested as much in the way of resources as Michigan has to make their drug courts work.
 
I'm surprised that you got probation.
You had in your possession heroin, cocaine and meth at the same time. My instinct would be to say you were dealing.
 

quincy

Senior Member
I'm surprised that you got probation.
You had in your possession heroin, cocaine and meth at the same time. My instinct would be to say you were dealing.
A dealer or an addict. But that is probably the reason for a drug court recommendation as opposed to jail time or a diversion program. There will be greater supervision and there are drug treatment options not available otherwise.

More states are moving away from jail time for non-violent drug offenders.
 
I'm surprised that you got probation.
You had in your possession heroin, cocaine and meth at the same time. My instinct would be to say you were dealing.
Why are you surprised that I got probation on my first offense. Did you read the amount I was caught with?
 
What state are we talking about?

You do understand that regular probation may be as daunting as what you're facing now? Drug tests are common either way.
It's in georgia. The reason I'm wanting either transfer or out of the program is because I'm transferred the case to a county outside of where I live for the purpose of getting the vivitrol shot (opiate blocker) for free. I'm driving an hour to classes and an hour back. It's just too much. That's why I'm looking for an alternative.
 
The state name is important.

The drug court programs in Michigan are not unlike probation for diversion programs. The terms and conditions of both are similar in that there will be random drug testing, community service hours, alcohol/drug education classes, and supervision. All terms and conditions must be met to the satisfaction of the court or the guilty plea on the criminal charge (the plea of which is required to be eligible for the programs) can be entered - and you wind up with a criminal record.

The major difference between the programs is that, with drug court, you get treatment for your addiction and you significantly decrease your odds of reoffending. The programs have been shown to successfully reduce recidivism.

That is in Michigan. Your state might not have invested as much in the way of resources as Michigan has to make their drug courts work.
I live in georgia. The reason im looking for alternative is because of distance. I transferred to a county beside mine for the free victrola shot opiate blocker and am driving an hour to classes and an hour back. It's just too much with everything else they want me to do. I would transfer the drug court if they will allow me.
 

Zigner

Senior Member, Non-Attorney
I live in georgia. The reason im looking for alternative is because of distance. I transferred to a county beside mine for the free victrola shot opiate blocker and am driving an hour to classes and an hour back. It's just too much with everything else they want me to do. I would transfer the drug court if they will allow me.
That was a trade-off that you chose...
 

quincy

Senior Member
It's in georgia. The reason I'm wanting either transfer or out of the program is because I'm transferred the case to a county outside of where I live for the purpose of getting the vivitrol shot (opiate blocker) for free. I'm driving an hour to classes and an hour back. It's just too much. That's why I'm looking for an alternative.
You should speak to your probation officer and your attorney to see about a transfer. There is no guarantee that a transfer will be approved - but your reasons for seeking the transfer are not bad ones.
 

Zigner

Senior Member, Non-Attorney
You should speak to your probation officer and your attorney to see about a transfer. There is no guarantee that a transfer will be approved - but your reasons for seeking the transfer are not bad ones.
The OP requested the transfer because it was cheaper and now the OP's going to request another transfer because it's no longer convenient for him? I think the "convenience-credit" he may have had has already been used up.
 

quincy

Senior Member
The OP requested the transfer because it was cheaper and now the OP's going to request another transfer because it's no longer convenient for him? I think the "convenience-credit" he may have had has already been used up.
Possibly. It won't hurt to request the transfer and see what happens. :)
 
The OP requested the transfer because it was cheaper and now the OP's going to request another transfer because it's no longer convenient for him? I think the "convenience-credit" he may have had has already been used up.
I requested the transfer because I got arrested in a different county than where I live. Most every person this happens to does the exact same thing. This isn't convience, this is common since to the judge and everyone involved. If theyll move me one county why would one county over from that matter. It didn't. They drug court I'm in decided half way through to move the classes and extra 30 minutes...30 minutes, not 10 or 15 but 30 minutes further from the 30 minutes I already drive. Yes this was my choosing to be 30 minutes away to begin with but the judge should take into consideration the insane distance I'm having to drive for classes. I would be fine with transferring to the county I'm in.
 

quincy

Senior Member
I requested the transfer because I got arrested in a different county than where I live. Most every person this happens to does the exact same thing. This isn't convience, this is common since to the judge and everyone involved. If theyll move me one county why would one county over from that matter. It didn't. They drug court I'm in decided half way through to move the classes and extra 30 minutes...30 minutes, not 10 or 15 but 30 minutes further from the 30 minutes I already drive. Yes this was my choosing to be 30 minutes away to begin with but the judge should take into consideration the insane distance I'm having to drive for classes. I would be fine with transferring to the county I'm in.
The most you can do is request the transfer. Because the programs can vary from county to county, you very well could find your request denied.
 
You should speak to your probation officer and your attorney to see about a transfer. There is no guarantee that a transfer will be approved - but your reasons for seeking the transfer are not bad ones.
Thanks. They had approved it before but I never ended up going through with it but since they've moved the classes 30 minutes further than where I already had to travel it's a little ridiculous. Hopefully they'll go for it again.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top