Misdemeanor Court Entry Procedure
- Defendants who are interested in Misdemeanor Drug Court should have their attorneys discuss the program with the prosecutor assigned to the case.
- The Solicitor’s Office will determine initial eligibility (i.e. resident of Cherokee, ineligible for PTD, 2nd Possession of Marijuana).
- If the defendant meets the eligibility requirements, the Solicitor’s Office will forward recommendation to the DUI/Drug Court Office and will make an offer/recommendation of Misdemeanor Drug Court to the defense attorney/defendant.
- The defense attorney will then obtain a Misdemeanor Drug Court Application Packet from the DUI/Drug Court Office (located in Suite 370 of the Justice Center).
- The defense attorney will then return all completed forms in the Attorney Packet to the DUI/Drug Court Office. Incomplete applications will not be processed, and the defendant will not be assessed for program eligibility until all required documents are submitted.
- When the completed Attorney Packet is submitted, the Defendant must contact the DUI/Drug Court Office to schedule an appointment for the initial interview/assessment.
- At the interview/assessment the defendant will be told whether or not he is accepted in the program. If the defendant is not accepted into the program the defense counsel will be contacted and the defendant may appeal that decision to the Drug Court Team. Time and location of next Team meeting will be given to the defense counsel/defendant.
- The defendant will appear before the Court to enter a plea.
- After the Drug Court plea is taken, the defendant will immediately see a probation officer who will give them the dates and times of their intake appointment with the DUI/Drug Court; their intake appointment with their probation officer; their intake appointment with Price Counseling Service; and notice of their first Drug Court appearance.