A participant can be terminated from the Drug Court for failure to comply with any of the terms and conditions of the program, to include, but not limited to, re-arrest on new charges.
If a participant is being considered for termination, he/she will be informed and will have the opportunity to seek counsel. If the participant facing termination thinks it in their best interest to contest the termination, they along with their counsel will be provided a due process hearing with which to formally be heard. If the Judge, hearing the termination case decides in favor of the defendant, the individual shall be placed back into active program status. However, if the presiding judge determines that termination is warranted, the Deputy County Attorney reactivates the participant’s case by ordering a pre-trial hearing. The ordering of the pre-trial hearing begins the process for the case to be adjudicated through the District Court.
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