Is there anyway A lawyer can get me off drug court, and back on to regular probation??

Asked over 3 years ago - Elizabeth, NJ

i have been on drug ct for 1 yr i am sick and tired of all this stuff they make you do is there a way i can apeal and get off drug court and get regular probation instead of prison?

Attorney answers (4)

  1. Mark M Cheser

    Contributor Level 20

    Answered . You are permitted to withdraw from drug court. The problem is that you likely went into drug court because the alternative was State Prison. You have already pleaded guilty to the charge and the likely result of withdrawal will be to complete your sentence in prison not probation. Speak to the attorney that represented you previously. It depends on the Judge and the facts of the case but I have never seen a probationary sentence given in this circumstance.

  2. Howard Woodley Bailey

    Pro

    Contributor Level 20

    Answered . I agree with Mr Cheser, the only outcome I have seen for a client under these circumstances has been incarceration instead of drug court. Talk it over with your lawyer before you make any decisions as to how you want to proceed. Once you give them cause to take you out of drug court, it may not be possible to get back in even if you wanted to. Good Luck.

    DISCLAIMER: While I do practice law in your State, this answer is provided solely for informational purposes only. If you call the firm, we would be privileged to try to answer your other questions. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising.

  3. Eric M. Mark

    Pro

    Contributor Level 20

    Answered . You do not have a right to leave drug court. If the judge allows you to leave s/he would likely impose a jail term for doing so. If you have been in drug court for one year you should be close to phase 2 or 3, which has much less stringent requirements. If you are not proceeding in the phases, then you are not complying with the terms and that is what is making it so difficult. Speak with your lawyer.

  4. Andrew Stephen Roberts

    Pro

    Contributor Level 20

    Answered . You have to speak with your attorney. Typically, the court does not have much sympathy for those who were given the opportunity to attend drug court and now want straight probation.Your attorney will know what to do.

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