How Does Drug Court Work in Illinois?

 Posted on December 00, 0000 in Drug Crimes

Judges, prosecutors, criminal defense lawyers, and lawmakers recognize the problems drug addiction causes in our communities. Many Illinois counties, including DuPage County and Cook County, are turning to drug courts to help addicts, improve neighborhoods, and take pressure off the criminal justice system. Drug courts work inside of the normal criminal court system, but give defendants the chances to avoid going to jail, and sometimes even a criminal conviction. It also provides the tools to help the defendant overcome addiction.

Who is Eligible for Drug Court?

Drug court is for non-violent defendants charged with certain drug offenses. Each county has a different set of rules about who is eligible for drug court and most courts require a defendant to apply for the program. During the application process, the case criminal case is still active, but the proceedings are postponed. A certified professional will evaluate a defendant during the application process.

 A defendant’s criminal history, the current offense being charged, and the recommendation of the evaluator all play a role in being accepted into drug court. If accepted, a defendant may be required to plead guilty to the charges against him or her and must agree to the terms of the drug court, including cooperating with treatment and monitoring.

What Are the Drug Court Conditions?

The defendant will first have to cooperate with a detailed drug addiction assessment. Once in the program, the defendant will need to comply with the recommended treatment. This can include either inpatient or outpatient treatment. There are random drug tests, regular reporting to a probation officer or case officer, and regular reporting to the drug court. The defendant is also not to commit any more crimes.

If any conditions are not met, the defendant can be sanctioned, including jail time or the lengthening the drug court supervision period. For some actions, the defendant can be taken out of the drug court program and convicted of the crime for which he or she was originally charged and sent to jail or prison.

What Happens After Drug Court?

Depending on the county and the case, if a defendant successfully completes drug court the charges against him or her may be dismissed. In some instances the conviction will remain, but the resulting sentence will be drastically reduced and often includes no prison or jail time.

If you have been charged with a drug crime, you need to talk to an experienced Elgin drug crimes defense lawyer right away. Do not talk to anyone about your case until you have spoken with an attorney. Call the The Law Office of Brian J. Mirandola at 847-488-0889 to schedule your free, confidential consultation.

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