I am on Medically Assisted Treatment (MAT) & have been ordered to drug court. Before being accepted I was informed that I must discontinue the Suboxone & be clean from everything in order to participate. The is in violation of my rights under the Americans with Disabilities Act. What should my next step be?
While I am not familiar with the terms and conditions of the specific drug court you are discussing, and I am not licensed to practice law in West Virginia, any program offered by a court is subject to the terms set by the court or program. This applies equally to admission to a program or being discharged from a program. Most courts that offer special programs such as drug, veteran's or women's offender programs are not required by law to offer such programs. In other instances where the programs are established by law, there are often specific requirements for participation, which can include being substance-free even if the substance is prescribed.
Additionally, a person's option for not wanting or being unable to comply with the requirements of a special court program is sentencing under the statutory scheme, which can range from probation to incarceration.
You could consult a criminal defense attorney to see if there is any way to petition for an exception, but that is unlikely to be something that a court is required to offer for a special program. This is not likely to be the first time this situation has arisen in this particular drug court program.
Participation in this forum-discussion does not create an attorney-client relationship, and should not be construed as legal advice for your specific situation. The information provided by Laura M. Woodruff is only an opinion based on limited information provided. Should you desire to discuss the specifics of your case, you may contact Laura M. Woodruff, Attorney at Law, or you should contact an attorney of your choosing in your jurisdiction. In doing so, you understand that any attorney may charge a fee for consultation.
Drug Court is a voluntary diversion program. They have the right to set the terms and conditions for your program participation. Suboxone is a temporary measure to aid you in the recovery of your addiction. It is not intended to be a long term treatment. As this is a voluntary program you are free to not participate and subject yourself to the regular legal system.
Like driving. being in this diversion program is a privilege, not a right, and therefore no violation to any rights have occurred by setting such conditions for participation.
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