Monder Law Group - News
Drug Court is an alternative available to non-violent drug offenders and varies by location. The screening process occurs at the settlement conference. If all parties agree, then will enter change of plea and ask clerk for next Drug Court date. Drug Court Team will determine acceptance. If rejected, then it will be set in original/last dispo department for PHS.
The eligibility criteria would be nonviolent drug offense (HS11350, HS11357, HS11364, HS11365, HS11377, HS11359, HS11368, BP4140) and non-violent offense resulting from drug use (i.e. PC484)
The exclusionary factors that would prevent this alternative in custody would be if charges included sales of transportation of sales quantities, diversion eligible, record of drug sales or transportation of sales quantities, record for violence, record for child molest, history of weapons, parolee (drug ct. team discretion), strike prior (drug ct. team discretion), documented gang member, not capable of participation (hold), multiple FTA.
Drug court may result in dismissal of non-priorable charges upon successful completion. It requires frequent court reviews, program attendance, drug testing, employment/education. However, sanctions increase in severity from community service to custody and ultimately termination.
If you have questions about drug court contact San Diego Criminal Defense attorney Vik Monder or visit San Diego Criminal Defense Attorney