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Old 02-09-2018, 06:27 PM
andymk319 andymk319 is offline
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Default Drug Court: Should I be under influence during evaluation to be eligible?

I was arrested for drug charges. since then I have voluntarily joined a local rehab center to help me with my substance use. However, I have been called for drug court program evaluation,and I am not sure if I should be under influence during evaluation to be eligible or not because i have started going to rehab to get help.
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Old 02-09-2018, 06:35 PM
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AndyMK, I've moved your post to the Prison and Legal Help forum. You'll get better answers here.

You will have the records of your entrance into rehab, so that should do some good. I think anything you do to enhance your chances at sobriety will look good to the court.

And GOOD LUCK! It's not an easy road, but you've got your best chance right now.
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Old 02-09-2018, 06:58 PM
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I would NOT show up for Drug Court evaluation high or drunk. If you're already on probation, you will go straight to jail. Its a violation of probation to do drugs / drink. Stick with the program at the rehab.

Being arrested for drugs should be sufficient provided the sentence falls within the guidelines.
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Old 02-09-2018, 06:58 PM
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Quote:
Originally Posted by andymk319 View Post
I was arrested for drug charges. since then I have voluntarily joined a local rehab center to help me with my substance use. However, I have been called for drug court program evaluation,and I am not sure if I should be under influence during evaluation to be eligible or not because i have started going to rehab to get help.
If you voluntarily went to rehab. Why would you want to piss off your clean time? Go to the drug court program explain what you have been doing. How long you have been doing it Tell them you are willing try there program also.
Don't use some lame excuse to start using again. I been through the whole damn ride . I was an addict for over twenty years. I bet I can give you better excuses then yours why I we should use. If you want to get real about getting clean, get real with yourself. I have never heard of program denying you because you have tried to start cleaning up before a set court recommended
appointment.
I understand addiction I have been clean over 15 years and I still fight to stay clean. It is no easy road, but a road worth taking once you get past the hurdles in the beginning. You get clean for yourself ,not for the courts. Not for your girlfriend, or your parents . You do it for yourself use the services that are out there if they work for you. Programs and twelve steps didn't work for me. Not to say they don't work, it is I am just one that can and did play the programs until I decided I want to get clean for myself and sick and tired of being locked up. Give it your best you will feel so much better in more ways then one.
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Old 02-09-2018, 07:18 PM
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Talk with your attorney.

Generally, you want to show up sober and look to use the experience of getting busted and doing drug court to help you understand that you have a problem, you need to be sober, and you need the kick in the pants of drug court to help you stay sober.

Drug court will not keep you sober. It will not make you stay sober if you don't want to be sober. What they are looking for are good risks for drug court statistics - people motivated to get and stay sober, mostly on their own, but with the added incentive of drug court and the supports it can provide as you struggle with sobriety.

And you're overlooking one very important facet of this whole experience: you have already promised to refrain from drugs and alcohol as part of bail/probation. Showing up for the evaluation sh!tfaced, or with alcohol on your breath (and in your UA/blood) or pot smoke in your hair and clothes, or whatever your drug of choice is coming off your body shows that even with the incentive of staying free, even with your signature promising to stay sober, you're not willing to or are unable to stay clean and sober. If you can't adhere to that agreement, you're not going to adhere to the drug court requirements, making you a bad risk. They will just revoke you when you show up for the evaluation because showing up in any condition other than sober is a violation of your bail/probation agreement.

I take it that is not what you want to happen.

Instead, talk about your rehab program, what you are doing, what is working, where you need help to stay sober. Take everything seriously, including your bail agreement.

And quit trying to find silly stupid reasons to use. If you use, you are going to jail. Yes, you can use in jail - most drugs and alcohol are available in jail, but you will be in jail. And there won't be any incentive by the State to cut you any slack. You will be safer to society in jail.
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