Son, 24, arrested for residential burglary and drug possesion. First time offense. Defendant has had drug issues, with past out-patient treatment and needs help. Willing to do time, however, is there a possibility of getting superior court case dropped to drug court in district court and receiving treatment? Bonded on $5,000 bail ($435). Currently with public defender but difficult to get response. Am single mom and would like to negotiate a financial resolution to resolve this. What are our options?
Criminal Defense Attorney
Based on your description, your son is not eligible for drug diversion court through the Superior Court. The reason that he would not be eligible is because he is charged with residential burglary and that crime is not drug court eligible. However, with that said, there are ways to negotiate the case to be drug court eligible. If you can get the residential burglary dropped down to a Burglary 2, then you MAY be able to get the case into drug court.
The other consideration that drug court looks at is the restitution amount on any property crimes. If the restitution is greater than $1500, then drug court generally will not take the case. Also, you need to look at the amount of drugs that your son was caught with. There are limits on the quantity for entry into drug court.
For a full look at the drug court eligibility look here: