Interviewer: What’s the actual process when someone, starting from the point that someone gets arrested. What’s going to happen from there? I guess someone, and this would be the individual, the first-time offender, have never been through this situation before, what’s going to happen after they’ve been arrested and been incarcerated or whatever?
Attorney: At some point they’re going to see the judge. The judge hopefully will let them out of jail while the case is pending. The most important thing for them to do is immediately find an experienced attorney to help them. After that, in the interview process, the attorney, myself, we’ll find out what is the need, what is the immediate need of that person. What are they charged? Are they selling drugs? Are they using drugs? What is their background? Is this the first time arrested? Then if they were selling it, why are they selling it? What’s their need? What were they using it for? You need money for something. What do you need it for? You’re selling drugs because you needed to get food or was it for greed?People and prosecutors in courts are a lot more sympathetic to somebody, not that selling drugs is ever a good thing to do, but I would much rather explain to a prosecutor that my client sold some drugs to get money to buy food and diapers for his baby than the person who was selling drugs so they can go out and buy himself a big screen TV. Same crime, different motivation, different punishment behind it.
Drug Treatment Court Can Help a First Time Offender Go Through Detoxification and Drug Rehabilitation
That’s how I approach it, as to how am I going to resolve it? Sometimes you can explain it. Sometimes you can’t. You look for the defense in different avenues. That’s really what’s going to be involved. Are they going to be in the system? A lot of times first-timers, especially on the users, can get into, most of the courthouses now have a drug court, a drug treatment court. They can expect, if you can get into that, drug treatment court will help them go through drug treatment. That’s going to involve detox, going through drug rehabilitation.
That usually takes about a year or so being in the system, and there’s a reward for that. Most of the drug treatment courts, depending on the severity of the crime, will give a reduction; will reward the person for successfully completing drug court, becoming clean and sober. They take toxicology tests to make sure that there’s no drugs or alcohol in their system and they’ve been clean. Their attendance is good in these programs.
There are numerous ways to handle a Drug Case Depending on the Individual accused of Drug Related Crime
It’s a tremendous amount of time, but the reward on the far end is better and such being that your case could be dismissed or it could be reduced to a much lesser case, no jail time, and you’re not coming back to do it again.
There’s a lot of different ways to handle these drug cases, depending on the individual, what the crime is, why they did the crime, and what is it that we’re trying to do at the end. Sometimes you have a person, you’re just seeking to get them as little jail time as possible because that’s where they’re going. These are people that, they’ll tell you, “This is what I do for a living. I can do it. Just get me as little time as I can. I’ll get my drug treatment in the court.”
Some people have to go through the system and they’re treated and you help them as best you can using the laws the way they are, and some people don’t belong in the system and you help them along that line as well.