If you are facing a drug-related charge in Tennessee, you may be worried about what the next step is. Could you go to jail or end up with a conviction? That is not always the outcome.
You could qualify for Tennessee drug court or another diversion program. In many cases, this can provide an alternative to traditional prosecution.
These programs aren’t free passes. But diversion can offer an opportunity to address substance use while avoiding some of the long-term consequences of a conviction.
So, how does Tennessee drug court work, and who may qualify? Here is a look at these programs.
What Is Tennessee Drug Court?
Drug courts are designed for people facing non-violent criminal cases associated with substance use.
The focus is not on punishment. Drug court uses a combination of court supervision with treatment, testing, counseling, and other services. These are intended to address substance use and reduce the likelihood of future offenses.
Tennessee’s recovery court system includes programs for eligible individuals with substance use disorders who are involved in the criminal justice system.
How Does Drug Court Work?
If you are accepted into a Tennessee drug court program, you will have to follow a few rules. These may include:
- Participating in substance use treatment
- Attending counseling or recovery programs
- Submitting to drug or alcohol testing
- Appearing regularly before the court
- Following probation or supervision requirements
- Maintaining employment or pursuing education when required
- Following curfews or other program rules
- Avoiding new criminal charges
Many times, the program uses different phases. The participants can earn additional independence as they show consistent progress.
Drug court is there to provide structure and accountability while giving these individuals an opportunity to work toward recovery.
Who Qualifies for Drug Court?
Eligibility will depend on the program and the person’s circumstances. Most of the time, drug court is intended for people whose substance use is connected to their involvement in the criminal justice system. They are candidates who can benefit from treatment instead of incarceration.
Along with that, the court may consider the nature of the offense, criminal history, substance use history, risk level, and willingness to participate in treatment.
Remember that not every drug charge automatically qualifies. Also, having a substance use disorder does not automatically mean someone will be accepted into drug court.
There may be offenses, criminal histories, or other factors that make someone ineligible.
What Happens If You Complete the Program?
With a successful completion, many people avoid some of the consequences of the case. That could mean dismissal of charges or another resolution of the case.
However, the exact outcome depends on your legal program and the terms of your agreement. As always, make sure to understand all of those terms before agreeing to participate.
On the other hand, if you fail to comply with program requirements, that can have consequences. Depending on the situation, violations could lead to sanctions, additional requirements, removal from the program, or the criminal case moving ahead.
Do You Need an Attorney?
Like any criminal case, you may want the help of an experienced drug crimes attorney. They can help:
- Review the criminal charges against you
- Explain whether you may qualify for drug court or another diversion option
- Understand the potential benefits and risks
When you enter a diversion program, you could be giving up certain rights or agreeing to specific conditions. The choice to enter a program is not the same for everyone.
While treatment-based diversion is an excellent opportunity, there may be another legal strategy that may make more sense based on the facts of the case.
Don’t Assume a Drug Charge Has to Define Your Future
Tennessee drug court can provide an opportunity to deal with substance use, satisfy court requirements, and work toward a better resolution than a traditional criminal case.
If you’ve been charged with a drug offense in Tennessee, you will want to talk to a criminal defense attorney about your case.
At Erik Herbert Law, we can look at your options and help you see whether a diversion program is the right path for you. Reach out today to schedule a consultation.
