In 1989, the 11th Judicial Circuit (representing Miami-Dade County) was the first court system in the country to set up a drug court program. Miami-Dade Country Drug Court is an optional diversionary and treatment program for eligible arrested individual who have been charged with drug offenses. For participants who successfully complete the program, their case may not be prosecuted, be dismissed, or have adjudication withheld. The three main components of Drug Court Miami are:
- Early identification of appropriate candidates,
- Diversion from the ordinary course of prosecution, and
- Rehabilitation of defendants with intensive supervision by the Drug Court judge and treatment specialists.
Who is eligible for Miami-Dade Country Drug Court?
Not every individual arrested in Miami-Dade County for a drug offense is eligible to participate in the county’s Drug Court. Florida Statute §948.08 (6)(a) provides the eligibility requirements for arrested individual. Pursuant to the statute, the arrested must be charged with a nonviolent felony and be identified as having a substance abuse problem or be charged with a felony of the second or third degree for purchase or possession of a controlled substance, prostitution, tampering with evidence, solicitation for purchase of a controlled substance, or obtaining a prescription by fraud. If the arrested is charged with a crime involving violence or has been previously convicted of a felony, then he is ineligible for admission into the court’s drug court program.
What does the Miami-Dade County Drug Court program entail?
If an arrested individual is eligible for Drug Court and chooses to participate in the program, the arrested individual’s drug court judge will order him to participate in the county-funded outpatient substance abuse treatment program known as the Diversion and Treatment Program (DATP), a county-funded inpatient drug treatment program, or an alternate drug treatment program depending on the arrested individual’s ability to pay. Drug court participants are generally required to submit to an urinalysis drug screen twice per week, attend Twelve step Fellowship meetings such as Alcoholics Anonymous or Narcotics Anonymous, and oftentimes participate in individual counseling, group counseling, acupuncture, and a relapse prevention program. Pursuant to Florida Statute §948.08 (6)(a), the Drug Court program must last for a least one year.
How do Participants “Graduate” from Miami-Dade County Drug Court?
If a participant has successfully completed the required one-year treatment program and does not need further monitoring or case management services, then the participant’s treatment counselor will recommend discharge from the program to his drug court judge, who will make the ultimate decision as to whether the participant should “graduate” from the program. In addition to completing the one-year treatment program, the participant must also satisfy the following requirements to graduate: demonstrate insight into recovery; be gainfully employed, attending school, or receiving vocational training if capable to do so; have a minimum of six months of clean time without any sanctions; and have paid all fees to the court and program.
Where is Miami-Dade County Drug Court located? Who do I contact or more information?
Miami-Dade County Drug Court is located at:
Richard E. Gerstein Justice Building
1351 NW 12th St., Courtroom 4-4
Miami, FL 33135
For more information about the Drug Court program, contact:
Judge Jeffrey Rosinek
Richard E. Gerstein Justice Building
1351 NW 12th St., Room 405
Miami, FL 33125
If you or a loved one has been arrested for a drug offense in Miami-Dade County, it is prudent to hire a Miami criminal defense lawyer such as Yale Galanter and his team of Miami criminal defense attorneys who are well-versed in Florida drug laws and diversionary programs such as the Miami-Dade Country Drug Court program.