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Colorado’s Drug Court system is designed to provide an alternative to traditional criminal justice proceedings for individuals charged with drug-related offenses. This specialized court aims to address the underlying substance abuse issues that often lead to criminal behavior, offering participants the opportunity to receive treatment and avoid incarceration.

If you or a loved one is facing drug charges in Colorado, understanding how to navigate the Drug Court systemcan be crucial for achieving a positive outcome.

Understanding Colorado’s Drug Court System

In Denver, Drug Court is now known as DIVERT Court. Other areas of our state may call them by different names. There are a number of components to these kinds of courts, but generally they operate with a rehabilitative approach, focusing on helping individuals overcome addiction rather than simply punishing them for their crimes. The courts combine judicial supervision, drug treatment, and support services to encourage recovery and reduce recidivism.

Participants in Drug Court typically have their charges suspended or dismissed upon successfully completing the program.

Eligibility for Drug Court usually depends on several factors, including the nature of the charges, the defendant’s criminal history, and their willingness to engage in treatment. Typically, Drug Courts are available to non-violent offenders who are facing charges related to drug possession or use. In some cases, individuals charged with other non-violent crimes that stem from substance abuse issues may also be eligible.

Steps to Navigate Denver’s Drug Court Process

1. Determine Eligibility

The first step in navigating Colorado’s Drug Court system is determining whether you or your loved one is eligible for the program. This typically involves an assessment by the court or a referral from an attorney, probation officer, or another legal professional. During this assessment, factors such as the severity of the addiction, criminal history, and the nature of the charges will be considered.

It’s important to note that not all drug-related cases are eligible for Drug Court. Individuals with a history of violent crimes, serious felonies, or those involved in drug trafficking may not qualify. Consulting with a defense attorney familiar with the Drug Court system can help clarify eligibility and explore alternative options if necessary.

2. Agree to Participate

If deemed eligible, the next step is agreeing to participate in the Drug Court program. Participation is voluntary, but it requires a commitment to the program’s terms, which typically include regular drug testing, attendance at treatment sessions, and frequent court appearances. In exchange for your participation, the court may offer to dismiss or reduce the charges upon successfully completing the program.

Before agreeing to participate, it’s essential to fully understand the requirements and expectations of the Drug Court program. This is where the guidance of an experienced attorney can be invaluable. They can help you weigh the benefits and challenges of the program and decide whether it’s the right path for you.

3. Engage in Treatment and Compliance

Once enrolled in the Drug Court program, the primary focus will be on your treatment and rehabilitation. This often involves attending substance abuse counseling, participating in group therapy, and complying with any additional conditions set by the court, such as employment requirements or community service. Regular drug testing is a key component of the program, and any failed tests or violations of program rules can result in sanctions, including potential jail time.

Engagement in the treatment process is critical to success in Drug Court. Participants are expected to demonstrate a commitment to their recovery, which may involve working closely with counselors, case managers, and probation officers. The court will monitor progress regularly through status hearings, where the judge will review your compliance and make adjustments to the program as needed.

4. Attend Court Hearings

Regular court appearances are a central part of the Drug Court program. During these hearings, the judge will evaluate your progress, address any issues, and provide feedback. Positive progress may be rewarded with incentives such as reduced supervision or fewer court appearances, while non-compliance may result in sanctions.

These hearings offer an opportunity to demonstrate your commitment to the program and to receive encouragement from the judge and other court staff. They also provide a forum for addressing any challenges you may be facing, such as difficulties with treatment or personal issues that could affect your progress.

5. Complete the Program and Graduate

The ultimate goal of Drug Court is to graduate from the program, which typically takes between 12 and 24 months. Graduation is a significant milestone that signifies your successful completion of all program requirements, including maintaining sobriety, completing treatment, and complying with all court orders.

Upon graduation, the court may dismiss or significantly reduce your charges, allowing you to move forward without the burden of a criminal record. This can open doors to employment, education, and other opportunities that might have been closed due to a conviction.

Is Colorado’s Drug Court Worth It?

Navigating Colorado’s Drug Court system can be a complex and challenging process. Still, it offers a valuable opportunity for individuals struggling with addiction to receive the help they need while avoiding the harsh consequences of incarceration. By understanding the steps involved and working closely with legal and treatment professionals, participants can successfully complete the program and reclaim their lives.

For those considering Drug Court, it’s crucial to approach the process with a genuine commitment to recovery and a willingness to embrace the support offered by the court system. With the right mindset and support, Drug Court can be a transformative experience that leads to lasting positive change.

About the Author:

Denver-based criminal defense and DUI attorney Jacob E. Martinez is a knowledgeable and experienced litigator with a record of success providing innovative solutions to clients facing criminal charges of any severity. Countless legal organizations have recognized Mr. Martinez for his exemplary defense work, including Avvo, Best DWI Attorneys, Expertise, Lawyers of Distinction, The National Trial Lawyers, and others. He was also named one of the 10 Best in Client Satisfaction in Colorado by the American Institute of Criminal Law Attorneys and is Lead Counsel rated.