MISDEMEANOR DRUG COURT
What is Misdemeanor Drug Court?
Misdemeanor Drug Court is a pre-adjudication accountability court program intended to prevent drug recidivism and the loss of eligibility for federal financial aid for defendants facing misdemeanor drug offenses resulting from drug addiction. The program allows individuals facing misdemeanor drug charges to address their substance abuse issues through the use of group and individual therapy, 12-step meetings, drug and alcohol monitoring, home visits, probation visits, and intensive case management. All misdemeanor drug cases in Cherokee County State Court first go through Drug Court arraignment, where they are accused, screened for Drug Court eligibility, and presented with an initial plea offer.
The Misdemeanor Drug Court team consists of Deputy Chief Assistant Solicitor-General Kryss Roch, Trial Assistant Jenna Santos, Investigator Drew Alexander, and Victim Advocate Rebekah Smith.
Who is eligible for Misdemeanor Drug Court?
To qualify for Misdemeanor Drug Court, a defendant must:
- Live in Cherokee County;
- Have no previous or pending violent felony charges;
- Meet one of the following criteria:
- Have one or more prior drug convictions; OR
- Are unable to test clean to enter pre-trial diversion, be sentenced under the conditional discharge provisions of O.C.G.A. § 16-13-2, or the First Offender provisions of O.C.G.A. § 42-8-60; OR
- Have been removed from pre-trial diversion; OR
- Are subject to a probation revocation on a substance abuse related issue, particularly if they are subject to losing their conditional discharge status under O.C.G.A. § 16-13-2 or First Offender status under O.C.G.A. § 42-8-60;
- Be screened and accepted after their case is screened by the Drug Court team.
How does the program work?
Misdemeanor Drug Court is a 4 phase, 12-month minimum program. Once deemed eligible, a defendant will plea to all charges on the accusation, the judge will withhold sentencing, and they enter the program. During the next 12-24 months, the defendant will work with the team, attending counseling, drug screens, court sessions, and any other requirements of their program—all with the goal of addressing and treating the underlying substance abuse issue. During the program, violations are dealt with using a sanction matrix, which includes but is not limited to additional treatment, community service, observing court, writing essays, and if needed, incarceration.
When a participant graduates from Drug Court, they withdraw their plea, and the case is dismissed. When a Defendant is removed from Drug Court without successfully completing the program, they are brought before Judge Morris for sentencing.
What should I do if I have any questions?
Any questions regarding Misdemeanor Drug Court should be directed to DCASG Kryss Roch. Her email address is [email protected].