Drug Treatment Courts
In some cases, a drug treatment court may be offered instead of certain legal consequences. The purpose of New York drug court is to rehabilitate those with a chemical dependency, rather than penalize them. Non-violent offenders can choose to voluntarily enter the program. Upon completion, the alleged offender may have their criminal charges dismissed.
Drug treatment courts, also known as judicial diversion, are normally the best course of action. A 2003 study conducted by the Center for Court Innovation displayed that graduates of the programs were much less likely to re-offend. A drug treatment court may save you from facing jail time, and a life-long criminal record.
If you or someone you know may be eligible for a drug treatment court, it is within your best interest to contact an experienced criminal defense attorney.
Drug Treatment Court Attorney in Nassau County, NY
Drug treatment courts offer a unique alternative sentencing that allows the offender to treat their chemical addiction. Approximately 30,000 New York residents have graduated successfully from drug treatment courts. The most beneficial part of drug treatment courts, is the ability to have your charges reduced or even dismissed.
Any person, who may qualify for a drug treatment court, should seek legal representation immediately. Negotiating skills from a seasoned defense attorney can result in an agreement to choose drug treatment instead of a heavier legal repercussion.
Stephanie Selloni at Law Office of Stephanie Selloni is a knowledgeable defense attorney. She has years of experience advocating drug treatment court for those who are eligible. Attorney Selloni is familiar with the requirements, and intricacies of New York drug courts. She will champion your rights, to not only save you from heavy legal penalties but deter your life from chemical dependency.
Stephanie Selloni is professionally recognized by the local legal community. She is a member of several respectable law associations such as the Nassau County Criminal Courts Bar Association and the New York State Association of Criminal Defense Lawyers (NYACDL).
Law Office of Stephanie Selloni promotes drug treatment courts for all types of drug related offenses throughout Nassau County and nearby towns and communities including Garden City, Hempstead, Riverhead, Glen Cove, Freeport, and Stony Brook.
Do not be deterred from the legal consequences your charges may entail. Call Stephanie Selloni at (516) 972-1212 regarding your eligibility for drug treatment court today.
Overview for Drug Treatment Courts in Nassau County, NY
Drug Treatment Court & Judicial Diversion Hearings in New York
In specific cases, the defendant or court may request an alcohol and substance abuse evaluation. The assessment is a report that is approved by either a court-approved entity or licensed health care professional. According to the New York’s Mental Hygiene Law § 19.07, the evaluation will include:
- An evaluation as to whether the defendant has a history of alcohol or substance abuse or dependence. The abuse or dependence must be defined as stated in the Diagnostic and Statistical Manual of Mental Disorders fourth edition (DSM-4). A co-occurring mental disorder or mental illness must occur between the relationship between such abuse and/or dependence.
- A recommendation as to whether the defendant’s alcohol or substance abuse or dependence, if any, could be effectively addressed by the judicial diversion court.
- A recommendation as to the treatment modality, level of care and length of any proposed treatment to effectively address the defendant’s alcohol or substance abuse or dependence and any co-occurring mental disorder or illness.
- Any other additional information, factor, circumstance, or recommendation deemed relevant by the assessing entity or specifically requested by the court.
Once the evaluation is finished, you will be presented to a drug treatment court for a hearing. During this hearing, your defense team and the prosecutor will present evidence for the court to decide if you qualify for rehabilitation. Some factors the court will consider include:
- Whether you have a history of alcohol or substance abuse;
- Where alcohol or substance abuse contribute to your criminal behavior;
- Whether participating in the drug treatment court program could effectively rehabilitate the alcohol or substance abuse problem;
- Whether in the past 10 years you have been convicted of a violent felony; and
- Whether institutional confinement is necessary to protect the general public.
If the choice for drug treatment court arises in your judicial diversion hearing, you have a choice to accept or decline the offer. Take note, if you accept then you must plead guilty to criminal charges. However, you will enter the program and not proceed through the normal criminal justice process.
Eligibility Requirements for Drug Treatment Programs in Nassau County
Not every person can qualify for drug treatment court. According to NY Criminal Procedure Law § 216.01, an eligible defendant means any person charged with a class B, C, D, or E felony offense under NY Penal Law § 2020, § 2021, § 179, or any other instance listed in § 410.91(4).
Most of these offenses involve controlled substances or marijuana. Some examples of these offenses include:
- Usage of drug paraphernalia;
- Possession of a controlled substance;
- Criminal sale of a controlled substance;
- Unlawful possession of marijuana; and
- Criminal sale of marijuana.
In Nassau County, there are additional requirements for eligibility. The following are the requirements a person must meet if they want to participate in drug treatment court:
- Participants must be at least 21 years of age;
- Must be facing a sentence of up to 90 days in jail, or have two prior criminal convictions;
- Alcohol or substance abuse must have contributed to the pending charge;
- Charges must be misdemeanors and violations with no pending felony charges;
- The participant must acknowledge having a problem with chemical dependency; and
- The participant must be willing to engage in treatment for one year.
Location of Nassau County Drug Treatment Court
Misdemeanor Drug Treatment Court
99 main Street, L23
Hempstead, NY 11550
Phone: (516) 572-2574, 2488
Fax: (516) 572-24291
Felony Diversion Court
County Court of Nassau County
262 Old Country Road
Mineola, NY 11501
Phone: (516) 493-3620
Fax: (516) 571-3452
Drug Treatment Court Nassau County – Visit the official website for Nassau County Courts in the state of New York. Have access to the different kinds of courts available to Nassau County residents, and the eligibility requirements. Obtain court records, contact information, and resources regarding drug treatment courts in Nassau County.
NY Criminal Procedure Law § 216.01 – Visit the official website for New York Laws and Regulations. See more on New York’s criminal procedure law regarding drug treatment court. See more information regarding judicial diversion, and their adjoining legal definitions. Find out the procedures for judicial diversion and what makes an defendant qualify for drug treatment court programs.
Lawyer for Drug Treatment Court Program in New York
It is important that you explore all your legal options with an experienced criminal defense attorney. Participating in a drug treatment court program can help you avoid or lessen your criminal charges. A drug treatment program can help you get your life on track and treat any dependency.
If you or someone you know may be eligible for a drug treatment program, it is vital that you contact a skilled criminal defense attorney. Stephanie Selloni is a knowledgeable defense attorney with years of experiencing navigating New York criminal courts. She is compassionate with clients, yet aggressive in the courtroom. Attorney Stephanie Selloni represents clients on all various types of controlled substances, marijuana, and alcohol-related offenses. You need a lawyer who is your partner in this legal process. Let Stephanie Selloni be that guide, call Law Office of Stephanie Selloni today at (516) 972-1212.
Stephanie Selloni practices law throughout Nassau County and Suffolk County and nearby villages including Riverhead, Hempstead, Glen Cove, and Central Islip.
Explore all your options regarding your charges today. Dial (516) 972-1212 to schedule a free consultation about your case with attorney Stephanie Selloni today.
This article was last updated on August 30, 2018.