Fairfax drug court- Does it make sense for me?

Fairfax drug court (FDC): Is it hype more than help or the reverse? As a Fairfax criminal lawyer, I know that it is better to have one’s criminal prosecution dismissed than convicted, but also know that it is more desireble to have an outright prosecution dismissal than an eventual dismissal, and for eventual dismissals to be able to plead not guilty and to have as few challenging conditions as possible for obtaining a dismissal, ideally by a general continuance, or else under Virginia Code  § 19.2-298.02   As one of the Fairfax court’s three specialty treatment dockets (the others being the veterans treatment court and mental health court), the Recovery Court / FDC is clearly intensive even on its face,  as a “14–24-month program of treatment and intense court supervision; if successfully completed, their non-violent felonies are dismissed…” Relapse / falling off the wagon is common with drug-addicted and alcoholic people, and they need to get a good sense (preferably with the advice of a reliable private addiction specialist) about their ability mentally, physically and spiritually to successfully complete such a long and rigorous process. Moreover, consider the extent to which potential employers will put you on hold while your case  is pending in court.

Is my Fairfax drug prosecutor going to be a bleeding heart in my favor?

Always look after yourself in court and everywhere else, and make sure that your Virginia criminal defense lawyer has your best interests at heart and pursues them full guns. The Fairfax commonwealth’s attorney / chief prosecutor and his team are a substantial overall improvement over the much more tone-deaf team (as to the interests of criminal defendants) of prosecutors that preceded him for decades. However, not everyone on his team is going to believe in his criminal justice philosophies in lock step, and plenty will be expected to want to be employable in more conservative prosecutors’ offices, by distancing themselves from looking too progressive themselves. As to Fairfax drug court, know what you are getting into before agreeing to it.

Why jump into the Fairfax drug court before pushing for more desireable alternatives?

Why pay $10,000 for a battered used Chevy if you can get a much better used car for $8,000? The same goes for being careful before jumping into the Fairfax drug court option. Talk with your Virginia criminal defense lawyer about more desirable alternatives. With FDC, you will be watched, and monitored and probably lectured for mis-steps and relapses, with your mis-steps being reported to the prosecution and court. Is that how you want to live the next year to two of your life? If that’s the least worst option you can obtain, that is one thing, but if you can get better, don’t ignore that. Remember also your option simply to plead not guilty and to proceed to trial.

Should I supplement the FDC with private counseling or coaching to assure I succeed in the program?

Money talks. If you have the financial resources to be privately counseled or coached (and to undergo supplemental mental health counseling) for enhancing your ability to succeed with the Fairfax drug court, why not? Plenty of drug-addicted and alcohol-addicted people attend multiple highly-rated programs before they shake off their addiction, if ever. Drugs and alcohol can be irresistible in the face of certain triggers, stresses, social pressures (to join the crowd in indulging) and even habit and boredom.

Fairfax criminal lawyer Jonathan Katz pursues your best defense against Virginia felony, misdemeanor and DUI prosecutions. Your road to a great defense can start with your initial free in-person confidential consultation with Jon Katz about your court-pending prosecution. Jon can usually meet with you within a business day of your contacting his staff at 703-383-1100, Info@KatzJustice.com or (text) 571-406-2768.