Just wondering if there are any particular reasons why the Orange county/Orlando State Attorney might deny a Drug Court transfer from another county. This would be before the defendant has started the drug court program in the original county of the offense. This would also be a Adult Pre-trial drug court transfer.
Any idea of what could be cause for denial by the Orlando State Attorney would be greatly appreciated.
Would a intial positive drug test at the 3rd party county approved counseling facility, during the initial intake, be grounds for denial? Even if the individual is cleaning up and hasnt used drugs in almost 2 weeks? Im guessing the Orange County State Attorney would use it as reason, even though the purpose is to rehabiliate, but was not sure.
Denial could be for any of a number of reasons, and I'll be happy to speculate ("speculate") as to a few of them: 1) Perhaps denial was due to overcrowding, 2) maybe Orange County has a limit on the number of transfers that they are permitted to accept, 3) it could be that the person in question meets the criteria for admission into drug court in the sentencing jurisdiction but not in Orange County (each judicial circuit in FL is independent and makes its own administrative rules and regulations).
Sometimes the best way to answer a question is to go straight to the source. If the Defendant has a lawyer I am sure that s/he can contact the OC-SAO and get a very quick explanation, and perhaps even effect the decision in a positive fashion.
Either way best of luck!
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)
Criminal Defense Attorney
I don't know the answer but an educated guess is that it is a funding issue with the grant that funds Drug Court. Another reason is that once the case is transferred to Orange County, it stays with Orange, even if the person doesn't complete the drug court. I know this because When I worked there I had a couple of Out of county Cases Appear on my docket for Violation of Probation that we at the Orange SAO had no information whatsoever about and it turns out they were out of county Drug Court transfers. They turned out to be a real headache.
For more information or to set up a free initial consultation contact the Mangrum Law Firm at 407-349-7474 or MangrumLaw@gmail.com. This answer does not, nor is it intended to, create an attorney-client relationship. It is offered for informational purposes only. Please consult with a licensed attorney before making any legal decisions.
Mr. Haber and Mr. Mangrum brought up good points. The reason anything happens is usually simple, as opposed to complex. Likely it comes down to money (which could be a pretext for them just not wanting to deal with it).
Jeff Boston Legal (321.795.4232)
This is relatively new and strictly political. Somebody in Orange county government decided to reduce the caseload and not take worthy applicants if they resided in one of the adjoining counties. It was a "cost" issue. Needless to say the other counties, particularly Seminole, retaliated and wouldn't take referrals who lived outside of Seminole county like Orange. The result has been near chaos and has forced people to move into the "right county." Very stupid, bureaucratic and shortsighted.