It is not uncommon for a person in Florida to find themselves accused of a criminal drug offense, especially with the prevalence of substance addiction in today's society that has been so fueled by the legal prescription drug industry. Unfortunately, even well-intentioned and honest people can end up in this situation but they should know that even being arrested for a drug crime does not always guarantee that they will be sent to prison or jail.
As explained by the Florida Statutes, the state's law does allow some defendants the ability to avoid incarceration and to instead participate in a drug court or a drug offender probation program. Probation can be sought by a person who has been accused of a non-violent felony drug offense, which means the charge would be for a crime in the third degree. Some drug offenses that may qualify include the sale, delivery or manufacture of a controlled substance or the possession with the intent to sell, delivery or manufacture.
The Department of Corrections manages the probation program. It may include substance treatment program participation, random drug use testing and monitoring or surveillance. A person may still be found guilty of a crime or a judge may issue a stay with holding a verdict.
If you would like to learn more about your options to avoid going to jail or prison for a criminal offense related to drugs, please feel free to visit the drug court and offender probation and treatment program page of our Florida criminal defense website.