Research

Primary tabs

Topics:
  • Right to Diversion

Not entitled to hearing before denial of admission to drug court.

Drug Court
Probation Terms:
  • Mandatory Testing

There is a nationwide contract between the Administrative Office and PharmChem Laboratories, Inc., pursuant to which the United States probation departments use sweat patches manufactured by PharmChem.

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
Topics:
  • Constitutional Issues

Adding additional conditions to probation, such as drug court, without a violation of probation violates double jeopardy.

Despite conventional wisdom and practice, the provisions of HIPAA do not apply to drug courts, law enforcement, or probation officers.  Contrary to myth, HIPAA-covered entities do not include the courts, court personnel, and law enforcement.

Drug Court
Topics:
  • Confidentiality

Confessions in Alcoholics Anonymous meeting are not protected by cleric-congregant privilege.

Drug Court
Topics:
  • Constitutional Issues
  • First Amendment

A Washington court held that mandating attendance AA/NA classes does violate the Establishment Clause of the First Amendment.  But where alternative classes without religious-based content are provided, there is no constitutional violation.

Drug Court
Topics:
  • Fourth Amendment

Conditions of probation imposed on a criminal defendant which prohibited the defendant from residing with minor children, were reasonably related to his offense and to the goals of sentencing and probation.

Juvenile Specialty Court
Topics:
  • Right to Diversion

No due process violation to not offer defendant drug court.

Drug Court
Probation Terms:
  • Place Restrictions

Prohibition on entering any place where alcohol is distributed, served, consumed, given away, or sold restricted defendant from grocery stores and the vast majority of all residences, therefore it is impermissible.

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