Can I Do Rehab Instead of Jail for Drug Possession in Punta Gorda?

Many users are genuinely interested in getting help for their substance abuse issues. An arrest for drug possession in Punta Gorda may seem daunting, but it might also represent an opportunity to start fresh. Most courts now recognize that substance abuse is a mental health issue as well as a criminal problem, and they may be willing to divert your case toward special programs designed to help users get clean. But is this really possible? Can you avoid jail and go through rehab instead? This may be something worth discussing with your lawyer.

Charlotte County’s Diversion Programs Explained

Charlotte County’s pre-arrest diversion programs allow defendants to potentially avoid incarceration for certain low-level offenses. Defendants facing drug possession charges are often eligible for these programs. However, only those facing misdemeanor charges qualify. Those facing more severe possession charges (such as possession with intent to distribute) may not qualify. In other words, these programs are designed for users rather than dealers. Common qualifying charges include possession of drug paraphernalia and possession of less than 20 grams of marijuana.

Rehabilitation May Be Less Easy Than You Think

Many people who have successfully completed drug diversion programs say that the process is incredibly difficult. Some assume that since this involves avoiding jail time, it will be a relatively seamless experience. The truth, however, is that beating an addiction is always challenging, whether you undergo this process behind bars or not. Some say that it is even more difficult than jail.

You Don’t Get Many Second Chances

For the most part, diversion programs are designed for first-time offenders who stand a strong chance of reforming their lives. Those who have multiple past drug offenses on their record may not be eligible for these programs.

In addition, you may experience negative consequences if you attempt rehabilitation and fail to complete the process. You can expect regular drug testing, and if you fail these tests, your initial sentence may apply. These diversion programs “suspend” your sentence rather than eliminating it entirely. All it takes is one moment of weakness, and you could lose these benefits.

Drug users may qualify for Florida’s residential drug treatment and prison diversion program. This program specifically targets nonviolent drug users and releases them back into the community with supervision, rehabilitation, and regular drug testing. Studies confirmed that this program increases probation success rates by up to 15%.

Defendants can learn more about these programs by contacting an experienced defense attorney.

Can a Punta Gorda Drug Defense Lawyer Help Me?

If you’re interested in pursuing diversion or alternative sentencing programs, consider speaking with an experienced drug defense attorney in Punta Gorda. While it may be possible to benefit from these programs, defendants could also consider the possibility of pleading not guilty and fighting their charges. Speak with The Foley & Wilson Law Firm today to discuss your legal options in more detail.

Sources:

 ccsoblog.org/2019/05/30/apad-program/

ojp.gov/ncjrs/virtual-library/abstracts/evaluation-floridas-residential-drug-treatment-program-prison