It does not matter the state, drug possession is a serious charge, and even more important, one that can come along with jail time. However, not every person who is caught with drugs in their possession is a ruthless criminal. There are plenty of people who have simply made a wrong turn and need help.
Fortunately, the court will sometimes offer people in this group the option to complete a drug rehabilitation program in place of jail time, but it is important to remember that this type of alternative sentence is a privilege.
Admittance of Guilt
To gain acceptance of an alternative sentence, you must admit guilt. You cannot receive this sentence if you file a not-guilty plea because technically, you are asking for help for something that you claim is untrue. Keep in mind; even if you originally filed a not-guilty plea, an attorney can help you change your plea to guilty should you decide to move forward.
Criminal History
A judge has the power to examine your past criminal history. If you have a repeat history of drug possession charges or you were awarded the opportunity to complete an alternative sentence in the past and you were unsuccessful, you may not be extended this privilege a second time. Even if you do not have drug-related charges, a long history of other convictions can hurt your chances.
Program Completion
If your attorney works hard to get this sentence for you, you must take it seriously. Without a question, you must complete the program, and abide by all its rules. The court will provide your attorney with a detailed sentencing agreement and he or she will go over it with you to ensure you understand. So, if you have any questions or concerns, it is important to speak up right away to ensure you have clarification.
Ongoing Penalties
Once you complete the program, remember, the original penalty may still exist. For example, depending on the sentence, a defendant may be required to complete a rehabilitation program and commit to random testing for a specific period, such as 12 months. If the individual completes the program but fails a drug test, the entire alternative sentence could be canceled, and the individual could be sent to jail.
If you face a drug possession charge and you know you need help, it is a good idea to speak with a drug possession lawyer so that he or she can examine the specifics of your claim and help you move forward.
