The Law Office of Ryan N. Yadav, LLC

Criminal Defense in Your Neck of the Woods

News & Resources

Drug Court Contract

Posted January 13, 2012Information

Individuals who are considering or think they may qualify for Drug Court in Orange, Seminole, Volusia and surrounding counties often do not know what is expected of them if they are accepted and enrolled in drug court. Remember, Drug Court is not offered to Defendants who are charged with distribution, trafficking, or possession with intent to distribute. If one successfully completes Drug Court the charges will be dismissed in total.  Here is an example of a Drug Court Contact, outlining obligations, that a Defendant signs prior to acceptance in the program.

IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT
            IN AND FOR SEMINOLE COUNTY, FLORIDA

STATE OF FLORIDA,
            Plaintiff

v.

______________________
            Defendant,

TIER ONE (PTI) DRUG COURT AGREEMENT
This CAUSE came on to be heard on this ____________day of ___________, 2012.  The court finds after an investigation of the offense and into the Defendant's  background it appears the Defendant meets the statutory criteria to become a Drug Court Participant and at this time it is in the Defendant's interest to attend and complete the Drug Court Program.
            THE COURT FURHTER FINDS the Defendant hereby waives his/her right to speedy trial under the Constitution and Laws of Florida and of the United States of America and Rule 3.191 of the Florida Rules of Criminal Procedure in this case for which prosecution is being deferred.
            THE COURT HEREBY DIVERTS the Defendant to Drug Court Supervision as a Drug Court participant for twelve months from the date of his/her Drug Court Initial Appearance to include the following conditions:

GENERAL CONDITIONS
1)  You will live without violating the law.  In the event of a criminal arrest (Federal, State or Local) while in the program you are subject to automatic dismissal. A conviction is not necessary for you to be terminated from the program.
2)  You shall:
a) Work regularly at a lawful occupation and/or purse a course of study as a full time student with verification by pay stub or transcript from an educational institution.
b) Participate in all programs established for you under the supervision of the Department of Corrections;
c) Not possess or carry any firearms or weapons while in the Pre Trial or Drug Court Program
d) Not change your residence or employment without first obtaining the consent of your Pre Trial Intervention Officer;
e) Not leave the county of your residence without first procuring the consent of your Pretrial Intervention Officer;
f) Promptly and truthfully answer all inquiries by your Pre-Trial Intervention Officer and allow the supervisor to visit your home, employment, school or elsewhere and you will comply with all instructions your officer may give you:
g) Not associate with any person or persons involved in any criminal activity;
h) The Participant will not use alcohol or illegal drugs including medications prescribed to others. Any prescriptions taken throughout the course of treatment will be disclosed to the drug court team;
i) The participant will not enter an establishment whose primary purpose is to sell alcoholic beverages;
j) Submit to random drug testing no less than one time per month.

MONETARY OBLIGATION
3) You shall pay the following monetary obligations to the Florida Department of Corrections:
a) The Participant will pay the Seminole County Drug Court Program $625.00 fee payable to the Seminole County Board of County Commissioners to be held in the Adult Drug Court Treatment Fee Fund. Community Service may be performed to substitute for this fee at the rate of $6.00 per hour. Only Community Service performed at and approved site will be accepted.
b) Restitution if applicable.
c) Cost of investigation in the amount of $68.72 on behalf of the Seminole County Sheriff’s Office.
d) You shall pay $100 cost of prosecution as authorized pursuant to Florida Statute, on behalf of the Office of the State Attorney for the 18th Judicial District.
e) A onetime $65.00 drug testing fee;
f) $1 per month to the Department of Corrections First Step Program;
g) You must pay an additional 4 % surcharge on all monetary payments collected by the Department of Corrections.

SPECIAL CONDITIONS
4) You shall complete 25 hours of community service work with a non-profit, tax exempt organization approved by your Pre-Trial Officer, unless physically unable to do so as documented by your Officer and the following conditions as indicated:
a) a six week drug education class at New Life Connections
b) attend one adult drug court session
5) If you have successfully complied with all conditions of your supervision you may request early termination of supervision from the drug court team after completing six 6 months supervision.
6) If the participant fails to comply with the Drug Court Program treatment recommendations, the Drug Court Judge reserves the right to impose sanctions, which can include, but are not limited to community service hours, and/or removal from the Tier One (PTI) Drug Court Program.

            Upon, successful completion of the period of this agreement and the agreement of the drug court team, the charges filed in this case will be dismissed.
_____________________
Circuit Court Judge

            I hereby state the above has been read to me. I understand the conditions of my deferred prosecution and agree that I will comply with them. They have been read and explained to me and I fully understand the charges against me.

______________________
Defendant


comments powered by Disqus