Instead of penalties, is treatment an option for drug charges?
On behalf of J. Kippa Law, LLC | November 8, 2018
When a person is charged with drug violations in Appleton or anywhere in Wisconsin, it does not necessarily mean they should be classified as a drug dealer or drug distributor. Of course, those facing these charges have the right to a legal defense just like anyone else. For many, however, being arrested for drug possession was due to them using the substances themselves. Perhaps they were selling it at a low level as a cycle to feed their own habits. This can be considered when the decision is made on how to proceed.
There are alternatives when facing a guilty verdict for drug charges. In some cases, there could be the justification to avoid penalties and allow the person to receive treatment in a drug diversion program or another option. Understanding what the law says about such an alternative is imperative to deciding whether it is a good idea or not.
If a person is charged and found guilty of possessing or attempting to possess a controlled substance or its analog, the court can allow the opportunity to reduce charges and for the person to take part in a treatment program. It can be inpatient or outpatient so there can be treatment and rehabilitation. This will be for the duration that the facility deems necessary and is expected to succeed in helping the person with his or her issues.
This cannot go beyond the maximum sentence the person would get if there was no offer of treatment in lieu of the penalties for the criminal charges. If the person consents to remaining in treatment, it can go beyond the maximum. Once the treatment is completed, the person can be released. If the treatment does not yield the desired result or the person does not cooperate with attempts at treatment, he or she can be remanded to court so the sentence can be completed.
Treatment is a viable option for many who are facing drug charges due to their own use of the substances. When offered this choice, it is important to know how this process works and how to proceed. A law firm that is experienced in defending clients facing drug charges will present all the positives and negatives and give advice and guidance as to what they should do next.