What happens to the charges

What happens to my charges in Drug Treatment Court?

Application Process:

Drug Treatment Court receives referral for a Defendant from Defense Attorney or Assitant Solicitor
An appointment for screening is made based on referral
Drug Treatment Court staff runs criminal history of defendant and gathers recommendations from arresting officers, victims, Probation officer, or any other persons involved in case.

Assessment:

Drug Court Tribunal's Review and Decision:

Drug Treatment Court Tribunal reviews application in its entirety and considers all factors including defendant's prior criminal history, the nature and severity of the crime, Solicitor's Office recommendation, victim recommendation officer, recommendation, input from other persons involved in case, Bio-psychosocial assessments and all other pertinent factors.
Rejected by Drug Treatment Court Tribunal -> Rejection Letter
Accepted by Drug Treatment Court Tribunal -> Acceptance Letter

Guilty Plea:

The Assistant Solicitor assigned to the case agrees with the Defense Attorney as to which charges the defendant will plead guilty to before entering Drug Treatment Court
Solicitor and Defense Attorney schedule guilty plea with judicial notification
The recommendation is made to the Circuit Court Judge that the defendants sentence be deferred and that the defendant be released into the custody of Drug Treatment Court
The Assistant Solicitor prepares a Personal Recognizance Bond for the defendant and a Restitution Order if applicable
Defendant pleads guilty to a negotiated sentence time to be served should the defendant fail to complete Drug Treatment Court.
The Circuit Court Judge defers the defendant's sentencing pending completion of the Drug Treatment Court program
The defendant is now in the custody of the York County Adult Drug Treatment Court and begins to attend required sessions that evening.
The defendant will be given a schedule so that he/she understands where to be each night of the week.

Participation Fees:

Once a defendant has been accepted into the Drug Court Program, a $20.00 participation fee is paid weekly at each Monday night session the defendant is required to attend
Clients are also expected to pay for additional workbooks for counseling that is required throughout the enrollment in the program, as well as lab fees for drug tests that are sent to the toxicology for confirmation of positive on site results.

The Defendant completes the Drug Treatment Court Program:

and order is drawn to withdraw the guilty plea.
Charges are dismissed upon completion of Drug Court..
The Drug Treatment Court staff prepares an Expungement Order one year after completion given the defendant remains free of legal trouble and remains clean and sober

The Defendant fails to Complete the Drug Treatment Court Program:

An Exit Report is prepared by the Drug Court Team
The defendant goes back in front of a Circuit Court Judge and is sentenced on the charges that he/she originally pled guilty to before entering Drug Treatment Court.

What happens if a Defendant starts the program and decides he or she does not want to continue?

The Defendant may ask the Drug Treatment Court Judge to end participation in the program at any time.
The Judge may require the Defendant to consider his or her decision for one week before allowing him or her to remove his or her self from the Program.
The defendant will be sentenced on the charges to which he or she has already pled guilty.

What happens to the charges if a defendant fails to complete the program?

Bond will be revoked and the defendant will be scheduled to appear at the next term of General Sessions Court for sentencing.

Can a decision made by Drug Treatment Court be appealed?

An offender has no right to appeal any decision made by the Drug Treatment Court relating to: