Orange County Superior Court Drug Court Program

The Orange County Superior Court Drug Court Program is one of California’s most established “collaborative courts,” a model that blends rigorous judicial supervision with evidence-based treatment so that people whose criminal conduct is driven by substance-use disorder can break the cycle of addiction, crime, and incarceration. Since its launch in 1995, Drug Court has expanded from a single courtroom in Santa Ana to all five justice centers, consistently demonstrating lower recidivism, healthier families, and significant taxpayer savings. If you have been charged with a drug crime, you must discuss your case with a knowledgeable and aggressive drug crime defense attorney as soon as possible.

Traditional sentencing, even when probation is available, does little to address the underlying disease of addiction. California lawmakers, therefore, authorize trial courts to create problem-solving courts under Penal Code § 1001.90, and the Judicial Council formally recognizes Drug Courts as a subset of “collaborative justice courts.” Orange County’s program embodies that legislative intent: it is voluntary, treatment-oriented, and data-driven, while still demanding strict accountability from each participant.

To be considered, a defendant must be charged in Orange County with a non-violent, drug-related offense, commonly Health & Safety Code §§ 11350, 11377, or possession-related Vehicle Code offenses. People with sales-level charges may qualify if the district attorney agrees the conduct was motivated by personal addiction rather than profit. Disqualifiers include any “strike” prior, weapons allegation, or current violent felony. Importantly, Drug Court is distinct from the statewide deferred-entry programs under Penal Code § 1000 or Proposition 36; unlike those diversions, Drug Court can accept certain probation-eligible felony cases and provides vastly more clinical structure.

Participants move through four phases lasting at least 18 months (average 20–24 months). Each phase comes with tangible incentives, reduced testing, fewer court appearances, curfew relaxations, and the ever-present risk of sanctions for non-compliance.

• Phase I: Stabilization (≈ 90 days). Daily or near-daily drug testing; 3–4 self-help meetings per week; individual and group counseling; weekly court reviews; probation and sheriff home visits.
• Phase II: Recovery (≈ 6 months). Testing 2–3 times weekly; bi-weekly court; begin vocational assessment, GED prep, or job search; continued therapy; restitution payments commence.
• Phase III: Reintegration (≈ 6 months). Monthly court; random testing; verified employment or school, budgeting workshops; family reunification plans; community-service component.
• Phase IV: Maintenance/Graduation (≈ 3–6 months). Testing once or twice monthly, quarterly court; creating a relapse-prevention portfolio; “give-back” mentorship to new entrants; exit interview with the judge and clinical team.

A positive test, missed counseling session, or new law violation can trigger graduated sanctions, ranging from increased testing to brief custody remands. Still, participants are never automatically expelled for a first slip. The philosophy is accountable rehabilitation, not perfection.

Every Drug Court session convenes the judge, deputy district attorney, deputy public defender/private defense counsel, probation officer, Healthcare Agency clinicians, and, when relevant, social-services liaisons. This team meets in a closed “staffing conference” before the public calendar to review each case file, toxicology report, and treatment note and craft a unified recommendation. The presence of the same dedicated judicial officer over many years correlates with higher graduation rates.

Orange County contracts with licensed providers for:

• Detox or residential stabilization when medically indicated.
• Intensive Out-Patient (IOP) and Matrix Model groups addressing stimulant, opioid, or polysubstance disorders.
• Cognitive-Behavioral Therapy (CBT) targets criminal thinking errors.
• Medication-Assisted Treatment (MAT), including buprenorphine or naltrexone, when clinically appropriate.
• Trauma-informed services and culturally specific programming for women, veterans, and LGBTQ+ participants.
• Randomly observed urinalysis was performed at least twice per week until Phase III.
• Family-based interventions, such as Parent-Child Interaction Therapy, are used when dependency or Family Court issues overlap.

Independent audits show Drug Court graduates in Orange County are re-arrested for any new crime at just 28 percent within three years, compared to 74 percent among a matched group that qualified for, but did not enter, the program. Fiscal savings match that public-safety dividend: The court avoided more than 19,500 jail-bed days in a single year, saving roughly $2.3 million. Beyond statistics, more than 150 babies have been born free of drugs to mothers engaged in Drug Court prenatal services, reducing neonatal-ICU costs and breaking generational cycles of substance abuse.

Drug Court

• Minimum length: 18 months
• Court appearances: Weekly → quarterly
• Eligible charges: Non-violent felonies and misdemeanors
• Immediate case dismissal? Upon graduation, the judge dismisses under PC § 1385
• Clinical intensity: High (Medication-Assisted Treatment, Cognitive Behavioral Therapy, housing)
• Random testing: Yes, observed urine analysis (UA)

PC § 1000

• Minimum length: 12–18 months of classes
• Court appearances: None after plea
• Eligible charges: Simple possession only
• Immediate case dismissal?After successful completion & motion
• Clinical intensity: Low (education)
• Random testing: Yes, but fewer

Proposition 36 (PC § 1210)

• Minimum length: 12–36 months probation
• Court appearances: Regular reviews
• Eligible charges: Non-violent possession/use
• Immediate case dismissal? After completion, you must petition
• Clinical intensity: Moderate (outpatient)
• Random testing: Yes

Because Drug Court requires a guilty plea up front, some clients prefer PC 1000 if they are first-time simple-possession defendants. But for those facing probation-eligible felonies, or who have already failed lower-level diversion, Drug Court often provides the best chance at both sobriety and a clean record.

When participants complete Phase IV, the judge dismisses the underlying case “in the interests of justice” under Penal Code § 1385, and most related probation fines are waived. Dismissal means:

• No conviction on your Department of Justice (DOJ) criminal history;
• Eligibility to seal the arrest record under Penal Code § 851.91;
• No immigration “controlled-substance” conviction bar for lawful-permanent-resident clients.

Graduates also receive a formal certificate, and many are invited back to serve as peer mentors, an opportunity that can satisfy remaining community-service hours and strengthen relapse-prevention planning.

• Housing instability. We coordinate with sober-living providers that meet Probation and Health Care Agency standards so that a client is not penalized for homelessness.
• Valid prescriptions. Courts require a “MEDS form” and real-time verification; an attorney can ensure the proper paperwork so that necessary medications do not trigger a false violation.
• Mental-health comorbidity. Dual-diagnosis track or transfer to Mental Health Court may be negotiated if depression, PTSD, or bipolar disorder is the primary driver.
• Bench warrants for missed court. A lawyer can file an immediate 977(b) appearance to quash the warrant and keep the client in the program.
• Employment conflicts. We can request evening groups, Zoom check-ins, or flexible testing windows if a client works shifts or holds a commercial driver’s license.

Attorney Michael Kraut’s 14 years as a Deputy District Attorney give him uncommon credibility when negotiating Drug Court referrals with Orange County prosecutors. Our firm:

• Performs a full legal triage to see whether alternative motions—suppression under PC § 1538.5, dismissal under HS § 11379.6, entrapment defenses, or Mental Health Diversion under PC § 1001.36—might yield faster relief.
• Pre-assembles treatment documentation, clean test results, and relapse-prevention plans so the collaborative-court team reads a client’s file in the most favorable light at the first staffing.
• Stays on call 24/7 when a client is struggling—to appear at sanctions hearings, marshal clinical letters, or arrange self-surrender that avoids an arrest at home or work.
• Crafts the post-graduation petition to seal arrest and destroy booking records, ensuring that employers, housing agencies, and licensing boards see “case dismissed.”

If you or a loved one faces drug-related charges in Orange County, early intervention is critical. The sooner a defense lawyer begins crafting a treatment-oriented narrative, the more receptive prosecutors and the Drug Court team will be. At Kraut Law Group Criminal & DUI Lawyers, Inc., we blend aggressive courtroom advocacy with compassionate understanding of addiction science. We offer clients a path to sobriety and the legal relief of a clean record. Contact Michael Kraut today for a free, confidential consultation at our Los Angeles headquarters:

Kraut Law Group Criminal & DUI Lawyers, Inc.
6255 Sunset Boulevard, Suite 1520
Los Angeles, CA 90028
Phone 24/7: 888-334-6344 or 323-464-6453

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