Drug courts are a kind of specialty and problem-solving courts that follow a federally-supported drug court model, and any person facing drug charges will want to be sure to seek the help of a drug court attorney. In 2001, House Bill 1287 required every county in Texas with a population of over 550,000 people to establish drug courts and originally mandated counties included Harris County, Dallas County, El Paso County, Bexar County, Tarrant County, Hidalgo County, and Travis County.
Jefferson County, Fort Bend County, and Montgomery County also created drug courts even though they were not required to do so. Collin County now has several drug courts serving alleged offenders in drug cases.
Texas Drug Court Defense Lawyer in Plano, Allen, Frisco, and McKinney, TX
Were you arrested for any kind of drug crime? Do not wait to find yourself a criminal defense attorney who can help you gain acceptance into a drug court program and minimize your potential penalties.
Call (469) 304-3422 or contact the Law Offices of Richard C. McConathy today at for a consultation about your alleged offense in Plano, Allen, Frisco, McKinney, TX, and surrounding areas of Collin County, Texas. We can then better understand the nature of your charges and also examine your possible defense options.
Drug Courts in Collin County
Collin County has no shortage of drug courts. The 366th District Court Drug Court Program is a driving while intoxicated (DWI) drug court program that is a one-year, post-conviction program designed primarily for people with felony DWI or drug offense convictions, including deferred adjudication probation.
The 366th District Court Drug Court Program is a voluntary, three-phase intervention program for adults who are charged with one or more qualifying felony offenses and cannot stay clean and sober. It is a collaborative effort of the 366th District Court and the Collin County Community Supervision and Corrections Department.
The program seeks to provide a variety of programs and consistent supervision geared toward supporting and helping alleged offenders maintain a drug-free life. DWI/Drug Court involves frequent court appearances, intense judicial supervision, random drug testing, frequent, unscheduled home visits by drug court team members or police officers, group and individual drug/alcohol treatment, as well as other needed and assigned programs and services.
The Collin County Successfully Opting for Accountability and Recovery (SOAR) Juvenile Drug Court is in the 417th District Court in McKinney, Texas. Collin County Court at Law No. 5 also has a DWI/Drug Court Program.
Collin County Court at Law No. 1 also has a DWI/Drug Court program, as does Collin County Court at Law No. 7. There is also the Collin County Family Preservation Drug Court and the Collin County 416th Drug Court.
Collin County Drug Court Requirements
Collin County Court at Law No. 1 states that all applicants must be Collin County residents, must undergo substance abuse evaluations prior to acceptance into the program, must have a willingness to participate in an intensive supervision and treatment program, and must be charged with either a second offense DWI, a first offense DWI involving a high blood alcohol content or accident, a first DWI with drugs, or second offense misdemeanor drug possession. Possible disqualifying circumstances may include offenses dated more than six or out-of-county residents, although exceptions may be considered in some circumstances.
Other disqualifiers can include:
- Outstanding warrants in other jurisdictions
- Debilitating mental illness or health issues
- Pending felony charges
- Prior felony sex offenses
- Homeland security risk
- Current or prior violent offender
- Charges in other jurisdictions
For the 366th District Court Drug Court Program, the three-phase intervention program involves a 90-day first phase that focuses on abstinence, education, and information and includes:
- Becoming and remaining drug- and alcohol-free
- Possible use of certain Rx medications to help achieve sobriety
- Weekly drug court attendance
- Participation and progress in treatment
- Daily call-ins for possible drug tests
- Multiple random alcohol and drug tests per week
- At least three self-help meetings per week
- Installing or maintaining a deep-lung device (DLD) on a vehicle, if an alleged offender is driving
- Obtaining a sponsor for a self-help group or 12-step program
- Beginning Program Fee payments
- When directed, preparing and submitting a letter summarizing progress to date and requesting promotion
The second phase focuses on abstinence and rebuilding for 90 days, and includes:
- Remaining drug and alcohol-free
- Continuing to use prescribed medications to help maintain sobriety
- Drug court attendance every other week
- Continued progress in treatment
- Daily call-ins for possible drug tests
- Multiple random alcohol and drug tests per week
- Intensity of treatment could decrease based on an alleged offender’s individual needs and provider recommendations
- Maintaining a DLD on a vehicle, if the alleged offender is driving
- At least three self-help meetings per week
- Continuing to address Program Fee payments
- When directed, preparing and submitting a letter summarizing progress to date and requesting promotion
The third and final phase focuses on abstinence and life skills for 180 days, including:
- Remaining drug and alcohol-free
- Drug court attendance once per month
- Complete and graduate from a treatment program
- Multiple random alcohol and drug tests per week
- Attending at least three self-help meetings per week
- Participating in the Victim Impact Panel (VIP) to learn how DWI offenses affect the community
- Completing the DWI Repeat Offender Program, paying license reinstatement fees, and setting up an installment payment for DWI surcharges for reinstatement of driving privileges
- Ensuring the Program Fee is paid in full
- When directed, preparing and submitting a letter summarizing progress to date and requesting graduation
The general rules of the 366th District Court Drug Court Program are that an alleged offender:
- Remain drug and alcohol-free
- Attend drug court once per month
- Complete and graduate from the treatment program
- Agree to multiple random alcohol and drug tests per week
- Attend at least three self-help meetings per week
- Participate in the Victim Impact Panel (VIP) to learn how DWI offenses affect the community
- Complete the DWI Repeat Offender Program, pay license reinstatement fees, and set up an installment payment for DWI surcharges for reinstatement of driving privileges
- Ensure the Program Fee is paid in full
- When directed, prepare and submit a letter summarizing progress to date and requesting graduation
The Collin County 416th Drug Court stipulates that the application procedure involves:
- Obtaining an application packet and brochure
- Reviewing all information about the program thoroughly
- Locating page 7 of the application packet titled “Request for Admittance,” signing it, and providing the form to the prosecutor for signing
- After signing the form, take the form to the probation officer for further instructions
Collin County Court at Law No. 5 does not provide a list of requirements, but does note that its benefits include alleged offenders learning tools for sober living, probated fines and jail sentences, community service requirements being waived, reduced DLD rates, and occupational driver’s licenses being provided with filing fees waived.
Drug Court Defenses in Texas
One of the most common defenses to many drug charges in Collin County relates to the Fourth Amendment to the United States Constitution, which prohibits authorities from conducting unreasonable searches and seizures. Illegal searches of people or property without warrants or probable cause often result in drugs seized being thrown out of evidence.
Many alleged offenders are also dealing with issues relating to constructive possession, meaning a person is charged with drug possession even though several people actually had access to the area drugs were found. You could face drug charges for drugs that were not yours, and an attorney will help prove that the drugs belonged to someone else.
Certain cases may also involve entrapment when law enforcement induces alleged offenders to commit crimes they otherwise would not have committed. There can also be crime lab analysis issues in which supposed drugs are actually found not to be controlled substances.
Several other defenses may be applicable in these cases, so it is important to seek the help of a skilled criminal defense lawyer who will be able to identify all potential defenses in your case.
Texas Drug Court Resources
Texas Drug Courts | Texas Department of Criminal Justice — This is a Texas Department of Criminal Justice document discussing what drug courts are and their history in Texas. You can also learn about how drug courts work and how they are funded. There is also information about the effectiveness of drug courts and the expansion of officers into satellite administrative courts.
Texas Drug Courts — View this Texas Department of Criminal Justice document discussing what drug courts are and their history in Texas. The document also discusses how drug courts work and how they are funded. Learn more about the effectiveness of drug courts and expansion to community supervision officers (CSOs) in satellite administrative courts.
Find A Collin County Attorney to Fight Drug Charges | Law Offices of Richard C. McConathy
If you were arrested for a drug crime anywhere in Collin County, a criminal defense lawyer is going to be your best bet for overcoming any kind of alleged drug charge. Our firm has handled scores of drug cases all over Texas, so we have a wealth of experience in helping alleged offenders win their criminal cases.
Contact the Law Offices of Richard C. McConathy today at (469) 304-3422 for a consultation about your alleged offense in Plano, Allen, Frisco, McKinney, TX, and surrounding areas of Collin County, Texas.