Research

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Topics:
  • Constitutional Issues
  • First Amendment

A federal Court held that the First Amendment is violated when the state coerces an individual to attend a religion-based drug or alcohol treatment program. 

Drug Court
Collateral Issues:
  • Ineffective Assistance of Counsel

To show prejudice, under Strickland v.

Topics:
  • Due Process
Probation Terms:
  • Revocation

The Supreme Judicial Court ruled that a defendant is entitled to counsel at a probation revocation hearing since the hearing is part of the sentencing process and may result in incarceration.

Defendant not entitled to credit for all time in drug court program; entitled only to jail days imposed as sanctions for non-compliance.

Drug Court
Topics:
  • Constitutional Issues

In termination of drug court and probation, participant who is engaged but relapses should be treated more leniently than participant who is not engaged.

Drug Court
Topics:
  • Prosecution

Where the defendant met all criteria for drug court, prosecution’s opposition could not bar entry.

Drug Court
Collateral Issues:
  • Criminal Responsibility

Any voluntary consumption of alcohol or drugs by  a defendant who suffers from a mental illness that causes him to lack the substantial capacity to appreciate the wrongfulness of his acts or to conform his conduct  to the law does not defeat a defense of lack or responsibility.

Drug Court, Mental Health Court
Topics:
  • Due Process
Probation Terms:
  • Termination

Drug court program participants entitled to same due process protections as persons facing termination of parole or probation.

Drug Court
Probation Terms:
  • Revocation

A court may not impose a higher sentence than originally ordered.

Collateral Issues:
  • Ineffective Assistance of Counsel

Not informing defendant of possible deportation consequences is a potential ineffective assistance of counsel issue under Strickland v. Washington.

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