Hialeah, FL asked in Criminal Law for Florida

Q: My boyfriend was released and put on drug court came home and violated with a misdemeanor

That charge was dismissed & now he has a court date Monday to be re evaluated for drug court , will he get out that day if he agrees to do drug court again ?

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1 Lawyer Answer

A: Being charged with a new misdemeanor charge immediately after being accepted into a drug diversion program presents real problems for your boyfriend apparently of his own doing. More than likely his bond will be revoked for the original case and he may be removed from the diversion program. Obviously the new charge has to have sufficient proof, but he needs his attorney to contact the State and present evidence which either rebuts or mitigates the new charge. Ironically, if the new charge is a drug offense, he may be able to convince the State and/or Judge that he needs in-patient treatment for his obvious drug problems.

Good Luck.

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