Research

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Court did not have jurisdiction to increase suspended sentence, despite defendant’s agreement in order to enter drug court.

Drug Court
Probation Terms:
  • Association Restrictions

Probation conditions such as prohibiting association with a person with a criminal record have generally been upheld on the grounds that they are: related to the crime for which the offender was convicted, are intended to prevent future criminal conduct, or bear a reasonable relationship to an of

Topics:
  • Fourth Amendment

The US Supreme Court held that the Fourth Amendment does not prohibit a police officer from conducting a suspicionless search of a parolee because they are on the “continuum” of state-imposed punishments.

Drug Court
Topics:
  • Fourth Amendment

A Federal Court held that because the government failed to demonstrate that Nevada had special needs for obtaining the drug-testing release condition, it cannot justify the search—testing the defendant for drugs without probable cause— using the pre-trial waiver approach. 

Drug Court
Topics:
  • Due Process
  • Sixth Amendment

Modification of probation terms is critical stage of proceedings, and right to counsel attaches, at least where modification adds significant terms to probation.

Drug Court
Probation Terms:
  • Place Restrictions

Factors that may be used in determining whether the restriction is reasonable include whether the defendant has a compelling need to go through/to the area; a mechanism for supervised entry into the area; the geographic size of the restricted area, and the relationship between the restriction and

Probation Terms:
  • Place Restrictions

Factors that may be used in determining whether the restriction is reasonable include whether the defendant has a compelling need to go through/to the area; a mechanism for supervised entry into the area; the geographic size of the restricted area, and the relationship between the restriction and

Probation Terms:
  • Use Restrictions

Condition of probation that defendant not consume or possess alcohol during term of probation permissible, where reasonably related to goals of sentencing and probation.

Drug Court
Topics:
  • Fourth Amendment

The appellate court held that it was reasonable for the trial judge to conclude that the alcohol consumption would not improve defendant's chances of dealing successfully with his anger and violence problems. Therefore, the trial judge did not abuse his by imposing a restriction on alcohol consumption.

Drug Court
Collateral Issues:
  • Ineffective Assistance of Counsel

Not informing a defendant of drug court as an option may constitute ineffective assistance of counsel.

Drug Court

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