Utah Drug Courts - Questions and Answers
Is a Utah drug court program right for you?
If you or someone you care about is struggling with substance abuse or
addiction and is also facing criminal charges, then a Utah drug court
can provide a good alternative to the traditional criminal justice
system.
Criminal defense lawyer Stephen
Howard is one of only a few Utah attorneys in
private practice who
has significant
experience working inside Utah's drug court system.
As a former member of the National Association of Drug Court
Professionals, he is uniquely qualified to help his clients decide
whether participation in a Utah drug court program is the right way to
resolve their legal problems and help them get into the program.
A web page is no
substitute for consulting with an experienced attorney.
But this page contains answers to several common questions
people
have about Utah drug courts.
Utah drug courts offer a number of benefits to those who
choose to participate. But in choosing to participate in a Utah drug court program, a
person also gives up certain rights and
opportunities. Consultation with an experienced
Utah defense lawyer is critical in deciding whether you want
to enter
a drug court program.
Perhaps the most important issue to address is the viability of your
defense case in the traditional court system. Have you been
falsely accused? Were your constitutional rights violated
through an unlawful search? Are there other legal or factual
issues that would support a valid defense to the charges you are
facing? You should consult with an experienced Utah
defense attorney to determine whether your case is one you want to
fight, or one you want to resolve.
If you decide you want to resolve your case and you are eligible for a
Utah drug court, your lawyer can help you determine
whether drug
court is right for you. Stephen Howard worked for several
years as a defense attorney in a
Utah felony drug court program and has the experience, both from the
inside
and from the outside, to help you make an informed decision about
whether drug court is the best way to deal with your case. You should
contact an
experienced Utah defense attorney for an initial
confidential consultation.
Are
my charges eligible for acceptance to a Utah drug court
program?
While
drug possession (possession of a controlled substance) may be the
most common
charge accepted into Utah drug courts, it is not the only charge
accepted. Each jurisdiction may have its own set of standards on what
charges can be accepted. But charges commonly accepted by
many Utah drug courts include theft, forgery, credit card
fraud, prescription fraud, and burglary. While working as a
drug court
defense attorney, Stephen Howard even worked with clients who had been
charged with aggravated robbery who were accepted into a drug court
program.
Distribution
charges may exclude a person from participation in drug court. Some
jurisdictions may have firm rules against any distribution charge.
Other jurisdictions will make a distinction between dealers selling
drugs for profit as compared to a person addicted to drugs who
distributed a small amount to a friend.
Violent offenses sometimes exclude a person from eligibility.
And prosecutors are often hesitant to allow drug
distribution cases into Utah drug court programs. One of the
key factors a Utah prosecutor may consider in determining whether to
accept a case into drug court is whether the substance abuse and
drug addiction are the root cause of the criminal charges. An
experienced defense lawyer can help convince a prosecutor that
addiction is the real issue.
Even if your charge doesn't involve drugs or a controlled substance,
you may still be eligible for a Utah drug court.
Having an attorney on your side who is familiar with Utah
drug
courts from the inside may give you the best
chance of being accepted into drug court.
Back to questions.
Do
I need a lawyer if I want to participate in a Utah drug court?
Before deciding to participate in a Utah drug court program, it is
important
to consult with an experienced Utah defense lawyer. While most people do not keep a private attorney through the
entire drug court process, it is vital to
have a good lawyer
at the outset, to ensure that your rights are protected and to help you
make informed decisions about whether the program is right for you.
While the treatment in Utah drug courts can be exceptional,
your case is still a criminal case that carries with it the possibility
of jail or prison time. In some circumstances, a person is
better off fighting the criminal charges and getting treatment
through programs outside of the criminal justice
system. Sometimes, though, a drug court program
will be the best
solution for both the legal case and the substance abuse issues.
Contacting an experienced
Utah defense attorney is the first step to determining
whether drug court is your best option.
Back to
questions.
Is a
Utah drug court the easy way to deal with my case?
A Utah drug court may be the best way to deal with your case, but it
should not be considered the "easy way out." Drug court can
be a lot of work.
Utah drug courts typically demand a significant commitment,
requiring participation in substance abuse treatment, frequent
and random drug testing to monitor participants' sobriety, as well as
other treatment, classes, or programs designed to
help participants
get their lives back on track.
To succeed in drug court, you have to be able and willing to
make the drug court program your top priority. Drug court has
to come before job, family, friends, and anything else. This
is
not always easy. But if
you let other things prevent you from fulfilling the drug court
requirements, you may find yourself locked up for violating the judge's
orders. At that point, jail becomes your only priority.
You can't work, take care of your family, or do anything
else.
Most
Utah drug courts are set up on the premise that a person fighting
addiction may need a few chances before they finally get their
addiction under control. So you won't get kicked out of most
drug
courts just for using drugs. But if you violate certain
rules,
you could find yourself facing an order to show cause.
Each
court will have its own standards on what will result in an order to
show cause. But violations that can result in an order to
show
cause will typically include getting caught tampering with a drug test,
dealing drugs, committing a new DUI offense, and committing a domestic
violence offense or other assault.
If the court finds
evidence to support the allegations on the order to show cause, you
could be removed from the drug court program and sentenced.
Depending on the nature of your original charge, that could
mean
a substantial period in jail or even a prison sentence.
For
most violations of drug court rules, you will probably not be removed
from the program. But you will receive a sanction of some
kind.
The nature of the sanction will depend in part on what you
did,
what your history with the court has been, the recommendations of
therapists and other drug court team members, and how you dealt with
the violation. For example, a person who relapses and
immediately
contacts their case manager to get help may be given a lighter sanction
than a person who relapses and tries to hide that fact.
Back
to questions.
If
Utah drug court is so much work, is it worth it?
The benefits of successfully completing a Utah drug court program can
be significant, both in terms of legal consequences and also your life
in general.
Many Utah prosecutors will agree to allow a drug court plea to be "held
in
abeyance" conditioned on your successful completion of the program
requirements. That means that if you graduate
successfully from the drug court program, your case can be dismissed
with no conviction
ever entering on your record. Once the charges are
dismissed, you may be eligible to have the entire matter
expunged from
your record after 30 days.
If the plea is held in abeyance, that may also make it easier for you
to keep your drivers license. In Utah, even a misdemeanor
controlled substance or paraphernalia conviction can mean losing your
license. But if the plea
is held in abeyance pursuant to a drug court agreement, it does not
become a "conviction" and you may be able to keep your license.
For many people, being able to drive can be vital to
maintaining their employment, getting to treatment, taking
care of their families, and more.
Even if the drug court program will not hold your plea in abeyance,
having the conviction take place in a Utah drug court can be the key to
keeping you out of prison.
If your record is extensive or the charges serious, a prosecuting attorney may be asking the
judge to send you to prison. And drug court may be your last
chance to stay out of prison.
Legal consequences aside, perhaps the biggest benefit from successfully
completing a Utah drug court program is learning to live your life
clean and
sober. Drug court can mean a chance to get a fresh start in
life. An experienced Utah defense attorney can help you
take the first step toward getting a chance to start over.
Jail should never become a revolving door. Unfortunately, for
a person struggling with addiction, the first trip
to jail is often not the last. Drug charges as well as crimes
that seem unrelated to drugs can repeat and escalate as addiction takes
greater control over the addict's life. Unless the root issue
of addiction is
addressed, jail can become a revolving door.
During his years as defense counsel in a Utah felony drug
court,
Stephen Howard acquired extensive
training and experience in how to deal with substance
abuse issues within the context of the legal system. His
experience and training
can
help guide
clients through the legal system toward lasting solutions.
Back to
questions.
Can I keep my license?
There are sometimes unexpected consequences to having a drug
conviction. Some of these consequences relate to your
driver's
license or professional licenses you may have. Participating
in a
Utah drug court can help with some of these collateral consequences.
One of the most common collateral consequences for a Utah
drug conviction involves your driver's license. If convicted,
your license will be suspended, even if you were not driving and the
case had nothing to do with a vehicle. Many Utah
drug courts
allow participants to enter a
plea in abeyance agreement.
Under
this agreement, even if you plead guilty, the case is not considered a
conviction. Therefore, you may keep your driver's license.
The
relationship between your professional license and your drug court
participation can be more complicated. And you should talk to
an
experienced Utah attorney before making any decisions regarding your
case.
Back
to
questions.
Contact an experienced Utah defense attorney now.
If
drugs are a part of your life, a Utah drug court program may be a part
of the solution. Contact
an experienced Utah criminal defense
lawyer to schedule a confidential consultation and initial
case analysis.