If you’ve been charged with a minor drug offense, you probably have a lot of fears. You worry what your employer will do when they find out. You worry what will happen to your driving privileges or professional licenses. Maybe you are worried about your marriage or being able to see your children. Drugs have a terrible stigma in American culture, so you are right to be concerned. There is good news, though.
What is a Drug Court?
Jump Ahead To
Drug courts began about 30 years ago, giving offenders an opportunity to reshape their futures and get a second chance. According to the National Association of Drug Court Professionals (NADCP), by 2012 there were over 2,700 drug courts active around the country. This number continues to grow.
South Carolina law was amended five years ago to include drug court programs in the state. The new law took effect on January 1, 2013, and in Greenville, the drug court now acts as a diversion program, meaning that it takes the accused offender out of the traditional crime-to-prison pipeline and places them in a recovery pathway. Here are a few facts about the program that you need to understand:
- You must plead guilty to the offense;
- In Greenville, SC, the program is 18 months (rules vary by location);
- Pay a $150 application fee;
- Pay a weekly administrative fee of $35 per week;
- Be subject to random drug testing;
- Go to mandatory drug counseling;
- Work with a case manager who follows your progress;
- Go back to court regularly to check in with the judge;
- At the end of the program, if you stick with it, your sentence will be complete; and
- No jail time or parole after you are done.
Am I Eligible for Drug Court?
Not everyone qualifies to participate in drug court. In general, the program will not permit applicants with the following. The list is not exhaustive, so you should first talk to a local Greenville drug crimes lawyer about whether drug court is a good option for your case:
- Pending or past convictions or charges involving crimes of violence, including domestic violence, stalking, or harassment;
- Convictions or charges involving drug sales or distribution; and
- Crimes against children.
Will My Conviction Go Away?
No. Generally drug courts are not designed to get rid of the offense or expunge your record. Instead, they are designed to change your life by helping you rid yourself of the addiction, thereby improving your chances of leading a healthy, drug-free life.
What Does It Mean to Have a Sentence “Satisfied?”
Satisfying a sentence means ‘doing your time.’ Once your sentence is satisfied, it means that you have served your sentence in full and owe nothing more for your crime. Consider that under the South Carolina Code, Section 44-53-370 , a second conviction for minor marijuana possession can carry a penalty of up to a year in jail and a $1,000 fine. If, on the other hand, the same offender completed the drug court program in 18 months, the total cost would be less, and he or she would serve no actual jail time.
Does Drug Court Work?
Yes. The statistics show that over 75 percent of those who successfully complete drug court programs are still free from any arrests two years afterward, according to NADCP .
Discuss Your Options with A Greenville Criminal Defense Lawyer
Police may tell you that if you confess, they will get the prosecutor to recommend you for the program. Don’t fall for these tricks. Many times, people confess to crimes that are not eligible for the program or they have other convictions that make them ineligible. Contact Lauren Taylor Law by phone, or visit us online to find out if a drug court is right for you.
South Carolina divorce attorney Lauren Taylor practices family law in Charleston and Greenville. She graduated from the Charlotte School of Law, and has been practicing for more than ten years.
Since the firm’s inception in 2012, Mrs. Taylor has helped hundreds of people navigate the uncertainties surrounding the family and criminal court process.
She has cultivated a team that ensures each case has a strategy crafted specifically to the clients needs and desires.
Her commitment to top notch service has led her to open two additional offices in the low country where she now resides with her husband Michael and her golden retriever, Buster.