I've handled my fair share of drug cases over the years, and several of my previous clients have been placed on TASC probation for a drug offense. TASC probation is meant to help the accused kick their drug addiction so they can become a more productive member of society, and whenever a client is eligible for TASC probation, I always make sure to discuss the option of TASC probation with the client.
TASC (Treatment Alternatives for Safe Communities) is a form of probation, meaning you plead guilty and are sentenced to TASC probation by the court. Accepting TASC probation will ordinarily mean avoiding jail time. If you complete all the terms of your TASC probation, the court will vacate your guilty plea and dismiss the case against you. However, this will only occur if you have never been convicted of a felony and you have never previously used TASC probation to vacate a judgment and dismiss a case.
To be eligible for TASC probation, you must be charged with a misdemeanor violation of the Use of Intoxicating Compounds Act or a felony charge of possession of a controlled substance, and you must be eligible to receive probation for that offense. You must also have not been charged with or sentenced for a violation of the Use of Intoxicating Compounds Act in the past. In addition, the court has to believe that you suffer from alcoholism or other drug addiction. There are numerous other factors that will also determine if you are eligible for TASC probation, so you should consult with an attorney on your eligibility.
The goal of TASC is to help people off of drugs and to help individuals become healthy and responsible citizens and family members. If you agree and are placed on TASC probation, you will have to meet the ordinary requirements of probation in addition to the requirements unique to TASC probation. You will be sentenced to probation for no more than five years or the maximum sentence for the crime, whatever is less. The court will order an examination of you by the assigned program in order to determine if you are addicted and if you are likely to be rehabilitated by treatment. If you are addicted and likely to be rehabilitated, you will be placed under the supervision of the program you are assigned to. If the examiner determines that you are not addicted or are not likely to be rehabilitated, you will not remain on TASC probation and you will be resentenced. If you complete the program and fulfill the other aspects of probation ordered by the court, you will be discharged, but if you fail to follow any aspect of TASC probation, that will be considered a violation of probation and you may be resentenced.
Whether or not agreeing to TASC probation is what is best for you will often depend on the facts of your case and whether or not you can complete all of the terms of the agreement. You should consult with an attorney who has both the knowledge to help you decide if trial or a plea is best for you and has the experience to give you the result you want. Our firm has handled criminal cases for over a decade and our attorneys have both the experience and knowledge you want and need in your attorney. Contact the attorneys at John W. Callahan, Ltd. for representation.
John W. Callahan, drug crime defense attorney