If convicted on criminal drug charges, you can face penalties that include prison time, probation, driver’s license suspension, heavy fines and more. If you are facing drug charges because you have a drug addiction, treatment for that problem is often more appropriate than incarceration and a conviction.
At Moses and Rooth Attorneys at Law, our experienced drug crime attorneys protect the rights of individuals throughout Central Florida. We are well aware of the reasons people commit drug crimes. We recognize that when an individual with a drug addiction has been accused of possessing or selling drugs, that individual needs help. Our attorneys can talk to you about Florida’s drug court diversion program and determine your eligibility for participation in the program.
If you're facing charges related to substance use, there's a chance to seek help and get your life back on track. It’s about finding a better path forward, with the right resources and guidance.
The Basics of Florida Drug Court Diversion Program
Participation in drug court is voluntary. To be eligible for the program, the defendant must be charged with a misdemeanor or third-degree felony drug offense. The defendant must be a first-time offender, and the offense can only include possession charges. (some exceptions apply) Charges involving drug sales or drug delivery are not eligible. Florida’s drug court is an intense program that will require time and commitment on the part of the defendant.
How do I know if am eligible for drug court?
Every county/jurisdiction has its own special criteria for acceptance into the drug court program. However, the outline below are some of the basics for acceptance.
Requirements for acceptance of the program include:
Must have a serious substance abuse problem requiring treatment.
Must be a resident of the county where the program is hosted, have a drug-free stable place to reside, and reliable transportation.
Must be mentally capable of benefiting from the Adult Drug Court and possess the motivation to complete the program.
All cases must be approved by the State Attorney’s Office. Individuals charged with first time possession or purchase of a controlled substance are eligible to apply for acceptance into the program.
Prior criminal history of charges related to sale and delivery may be rejected from the program.
Individuals who are charged with any other 2nd or 3rd degree felony may request the State Attorney review their case for consideration for the program. Factors which will be used to determine acceptance include the facts of the current case, victim consent, and prior record.
Violation of Probation or Community Control cases are eligible for acceptance.
Some examples of Criminal Charges that are eligible for the Drug Court Program:
Possession of drug paraphernalia
Simple possession charges
Theft Offense that can be attributed to drugs
Violation of probation for possession related drug offenses
Meet your Orlando drug court lawyers
Andrew Moses & Jay R. Rooth
Drug court can be a path toward treatment instead of jail or a permanent conviction, but eligibility is not automatic. Meet the criminal defense attorneys who can review the charge, county criteria, substance use history, and whether drug court diversion may be available.
Voluntary programDrug court usually requires commitment, treatment participation, and compliance with court requirements.
Eligibility reviewCounty rules, prior record, charge type, and substance abuse history can affect acceptance.
Possession chargesThe page notes that sales or delivery charges are generally not eligible for drug court.
Better path forwardFor some clients, treatment-focused options may be more appropriate than incarceration.
Criminal defense attorneyState and federal criminal defense, including drug cases.
Andrew Moses
Co-founder · Criminal Defense Lawyer
Andrew Moses has dedicated his career to criminal law. Before private practice, he worked with the State Attorney’s Office in Orange and Osceola Counties, giving him insight into how prosecutors evaluate drug cases and diversion options.
✓Handles state and federal criminal cases, including drug cases and DUI matters.
✓Can review whether early intervention may help before the case moves further.
✓Reviews charge level, evidence, criminal history, and eligibility concerns.
Former prosecutorExperience on both sides of Florida criminal cases.
Jay R. Rooth
Co-founder · Former Assistant State Attorney
Jay R. Rooth served as an assistant state attorney in the Ninth Judicial Circuit for Orange and Osceola Counties before founding Moses & Rooth. His practice includes drug crimes, DUI/DWI, traffic violations, juvenile offenses, theft, domestic violence, and other criminal defense matters.
✓Former prosecutor with more than 15 years of Central Florida criminal defense experience.
✓Focused on pretrial litigation, negotiation, case preparation, and trial strategy.
✓Can help assess diversion eligibility, prosecutor concerns, and court expectations.
Speak with Moses & Rooth about your charge, county requirements, prior record, treatment needs, and whether drug court diversion may help protect your future.
The Drug Court Program is typically a 12-18 week program. Most programs offer a 3 Phase program which starts very intensive and then gradually reduces the required group and individual counseling. The drug testing will remain random throughout the program and be required at any time requested by the program counselors. Some of the additional drug court program requirements will include:
Regular court appearances before a drug court judge
Group and individual counseling
Urinalysis drug tests
Substance abuse treatment
NA/AA meetings
Maintain court approved housing
Pay the program fees
Upon successful completion of the diversion program, the charges against the individual will be dismissed. The rate of recidivism (re-offending) is significantly lower for those who successfully complete drug court. To learn more about the specifics of the drug court program and discuss the options for acceptance, contact the criminal attorneys at Moses and Rooth.
