What is a Drug Court, and How Does it Work?
In South Carolina, some drug offenders may be eligible to receive treatment as supervision instead of going through the traditional criminal justice process. The South Carolina Commission on Prosecution Coordination explains that there are drug courts in our state for this purpose. At the Law Office of Jonathan M. Harvey, we have extensive experience with drug courts. In this article, our Columbia drug crimes defense lawyer provides a guide to what drug courts are and how they work in South Carolina.
An Overview of the Purpose and Structure of Drug Courts in South Carolina
South Carolina law authorizes drug courts. Under the law, a drug court is designed to function as a specialized treatment-centered alternative to the traditional criminal process. South Carolina developed these programs to reduce recidivism, address addiction, and limit incarceration. Notably, drug courts operate under local administrative orders.
Participants enter the program as a condition of a deferred prosecution agreement, a conditional discharge, or a plea arrangement that is approved by a criminal court. Remember, the objective of a drug court is rehabilitation. Participants must demonstrate full compliance in order to complete the program and exit the process without a conviction.
Who is Eligible for Drug Court in South Carolina?
It depends. Eligibility varies by county. Still, the programs share many standard core criteria. TO start, candidates for drug court in South Carolina must be nonviolent offenders. Beyond that, they must be charged with an offense linked directly to substance use. There are a number of different disqualifying factors, including:
- Prior violent convictions;
- Active trafficking charges; and
- Pending felony matters unrelated to addiction.
In South Carolina, a screening team evaluates each case. The team may include the solicitor, defense counsel, a treatment provider, and probation. Along with other things, they will review the applicant’s criminal history, substance-use patterns, mental health status, and risk-level assessments. Approval requires consensus. A key point to know is that entry into drug court is voluntary.
Core Requirements of the Drug Court Program
Participants must comply with strict supervision and treatment obligations. Among other things, they typically include clinical assessments, individualized treatment plans, mandatory counseling, random drug screens, and regular court appearances. Judges monitor progress directly. The drug court team meets frequently to review compliance, discuss sanctions, and evaluate treatment adjustments. Sanctions or violations may include increased testing, intensified treatment, community service, or short stays in jail.
Big Point: Successful completion can result in significant legal benefits. Depending on the structure of the agreement, the court may dismiss charges, enter a conditional discharge, or reduce the conviction to a lesser offense.
Contact Our Columbia, SC Drug Defense Lawyer Today
At the Law Office of Jonathan M. Harvey, our Columbia criminal defense lawyer is standing by, ready to help. If you have any questions or concerns about drug courts, we can help. Call us now or contact us online to arrange your completely confidential, no obligation initial case review. With an office in Columbia, we defend against drug charges across South Carolina.