Can a First Time Offender in Sarasota County, Florida spend some of a Mandatory 3 Yrs. in rehab or other program?

My cousin is under 30 and was recently arrested for Drug Trafficking for Oxycodone. She has never been in trouble with the law before and was a great person before she got involved with prescription drugs.
I know she wants help.
Will the courts in Sarasota County let her spend time in a rehab facility or other program.

Also, What should we be doing before her arraignment other than finding an attorney?
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Answers (1)

Robert Edward Heyman

Robert Edward Heyman

Contributor Level 5
Her first order of business should be finding an experienced criminal attorney. I assume that your cousin first took Rx drugs legally and according to doctor's orders. I have represented numerous clients who have gone to doctors for "pain management" and ended up hooked. When the doctor sees this result, the prescriptions are cut off, causing the patient to go "doctor shopping" or purchase prescription drugs under fraudulent circumstances. When arrested, theyt face minimum mandatory prison sentences.

I practice mostly in Pinellas County, but have handled cases in Sarasota. The state attorneys offices in both jurisdictions are fairly enlightened to this unfortunate phenomenon and can be convinced to amend the charge to simple possession, thereby removing the minimum mandatory provisions. The person is then placed in Drug Court where they are required to undergo detox and counseling and drug testing..

Other than obtaining an attorney, I strongly suggest that your cousin get counseling on her own if possible. I have always found it more persuasive to both the prosecutor and the judge if I am able to tell them what the client is doing to address their problem , rather than what they promise to do in the future. Good luck. Feel free to give me a call. I can represent her or refer her to an experienced Sarasota attorney. 727-822-3700
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