The Denver District Attorney’s Drug Unit reviews all adult felony drug arrests in Denver within 48 hours of an offender’s arrest. The D.A.’s Drug Unit first determines if the case is acceptable for filing, and if so, what charges will be filed. Then a determination is made as to whether an offender is eligible for Drug Court based on the established criteria.

Individuals eligible for drug court are those first-time offenders accused of possessing small amounts of illegal drugs for personal use.

There are a number of things that may cause a person to be ineligible for participation in Drug Court. This includes:

• charges for the possession of more than 25 grams of a controlled substance with an intention to sell
  previous conviction of any acts instrumental in causing serious bodily injury or death
  previous convictions of any felony offense involving the use, possession, or threatened use of a deadly weapon
  previous convictions of any criminal offense, the underlying factual basis of which involved a sex-related criminal offense
  those whose criminal history, correctional performance or treatment diagnosis demonstrate a history of violent behavior or unsuitability for Drug Court
  those who reside outside the Denver metro area
  those with no demonstrated substance abuse problems
  those currently on parole

The Denver District Attorney’s office reserves the right to exclude any offender from Drug Court and also reserves the right to recommend an offender for participation in Drug Court who may otherwise be excluded.

If the offender is accepted, their second advisement is scheduled in front of a Drug Court Magistrate and the offender is given the opportunity to plead guilty and be sentenced. Following sentencing, the offender is placed under the supervision of the Denver District Court Probation Department for felony pleas or the Denver County Court Probation Department for misdemeanor pleas. If the offender is in custody at the time of sentencing, the Drug Court Magistrate orders the offender’s release from custody to probation the next day.

After conviction, every offender within the Drug Court program must move through three phases of supervision. Upon successful completion of all three phases, the offender graduates from Drug Court. Offenders who fail to comply with the terms and conditions of the supervision suffer sanctions and/or a revocation of their probation.

The Denver District Attorney’s Office recognizes the desirability of building a candid relationship with Drug Court offenders regarding their drug and alcohol usage. Therefore, it is the policy of the DA’s Office to use in-court admissions of alcohol and drug usage by Drug Court offenders and positive urine screening results only to impose sanctions in the Drug Court case. Such admissions will not be used by the District Attorneys’ Office to file new charges.

Participants in Denver’s Drug Court work hard to successfully complete a series of phases lead toward graduation.

How Drug Court works

The Phases

Sanctions and Incentives

Treatment Options