Prohibitions
Defendant's charged with simple drug possession are eligible to apply for Drug Court as long as none of the following prohibitions exist:
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The defendant does not have a history of violence or domestic violence.
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The defendant has no current or past connection to drug sale, distribution, manufacturing or trafficking.
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The defendant has no prior firearms convictions.
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A firearm was not connected to the present or any past offenses.
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The defendant has no other cases pending in any jurisdiction.
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The defendant is not currently on probation in any jurisdiction.
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The defendant is not currently participating in any Methadone program.
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The defendant has no prior conviction for a sex offense.
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The defendant has not previously participated in any deferred prosecution program/drug court.
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The defendant has not previously been incarcerated in any state prison for a felony offense.
Prohibited from Applying
Defendant's charged with the following are specifically prohibited from applying for Drug Court:
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Trafficking pursuant to 13A-12-231 or 13A-12-233, Code of Alabama.
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Sale or Distribution pursuant to 13A-12-211, 13A-12-215, 13A-12-250, 13A-12-270, Code of Alabama.
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Manufacturing pursuant to 13A-12-217 or 13A-12-218 or 13A-12-219, Code of Alabama.
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Solicitation, Attempt or Conspiracy to commit any of the above prohibited offenses pursuant to 13A-12-202, 13A-12-203 or 13A-12-204, Code of Alabama.