New York City Criminal Court: Drug Court Initiative

Welcome

Mission

Location

Judge

Staff

Publications

Graduates

FAQs

MMTC FAQ's

Take a moment and answer these 25 question to find out whether or not you understand your treatment obligations. Then compare your answers to the correct answers at the end. If you don't understand a question or need more information, contact a case manager.

1. I am here at Drug Court because:

A) My attorney said I had to.
B) I have no choice.
C) I chose to be here. I chose to sign the contract with Drug Court. I chose to take the plea and most importantly I made the choice to better my life and address my problems.
D) Not sure.

2. Before I chose to sign the Drug Court contract, I was given the choice of joining Drug Court (taking the treatment offer) or the choice of having my case go through the regular court process:

A) True.
B) False.

3. If I do not complete the Drug Court mandate I will have to:

A) Do nothing, I don’t care.
B) Face the reality of having to do my jail alternative that was stated to me when I took the plea in court.

4. All participants who begin Drug Court with outpatient treatment must attend:

A) Attend treatment the days and times designated by my Case Manager and the program.
B) Only 1-2 days a week, that’s what the Judge and attorney told me.
C) Whatever I decide. I chose to be here, so I can choose the amount of days.
D) Intensive outpatient treatment, which is 5x a week, but I have a job so I can just attend 2-3 days a week.

5. Every time I report to court I must always:

A) Report directly to my Case Manager, speak with him/her and provide a toxicology test.
B) Just go to the court room.
C) Just sign in and leave.
D) Not sure.

6. If I violate any of the Drug Court rules, the Judge CANNOT impose a sanction or punishment:

A) True.
B) False.

7. Some of the Judge’s sanctions and/or punishments can include: a public reprimand, a jury box sanction, order more case management/court appearances, remand (incarcerate) me or even impose my jail alternative:

A) True.
B) False.

8. If I am a misdemeanor participant in Drug Court this means that:

A) I am court mandated for a minimum of 1 year.
B) I am court mandated for a minimum of 8 months.
C) I am court mandated for a minimum of 6-8 months.
D) Not sure.

9. Misdemeanor participants in Drug Court must complete how many Drug Court phases?

A) 1 phase.
B) 2-3 phases.
C) 3 phases.
D) 4 phases.

10. How long are the Misdemeanor Drug Court phases?

A) Each phase is at least 4 months long.
B) The first phase is at least 4 months long and the next two phases are at least 2 months long.
C) Each phase is just 1 month long.
D) 1st phase = minimum of 30 days, 2nd phase = minimum of 60 days, 3rd phase = minimum of 90 days and, 4th phase = minimum of 60 days.

11. My court mandate time can be extended if I am noncompliant.

A) True.
B) False.

12. What can a participant do to ensure that they complete each phase in the minimum amount of time?

A) Just show up. The Drug Court phases are only based on the length of time I am here and not on my participation and drug use. As long as I am here for 4 months, I will automatically move to phase II.
B) That is up to me. Each time that I use drugs or the Judge sanctions me for negative behavior, I will lose time causing me to remain in the program longer.
C) Not sure.

13. While in Drug Court is it ok for me to use prescription drugs such as Tylenol 3 and Vicodin?

A) Yes, as long as I have a doctor’s prescription I can use any prescription drug I want.
B) No, these drugs are narcotics and are highly addictive. I should always check with my case manager first before using any prescription drugs.

14. Can I use alcohol while in Drug Court?

A) Yes I can, alcohol is not a drug and it’s no big deal.
B) No I can’t, alcohol is just as dangerous as any other illicit substance and I will be sanctioned anytime I use alcohol. I cannot use alcohol while under the Court mandate.

15. No alcohol, no big deal. I can still drink alcohol and just say I took cough medicine before the alcohol test.

A) True.
B) False.

16. I can test positive for cocaine from certain medications right?

A) Yes. I have to be careful regarding what medication I take.
B) No. The only thing that tests positive for cocaine is cocaine.

17. I was “on the block” last week and I was around a group of people smoking marijuana. Will I test positive for drugs?

A) Yes, enough second hand smoke can cause a person to test positive.
B) No, if I test positive for marijuana it is only because I smoked. (Meaning I put the joint, blunt, bong, etc, to my mouth and took a hit.)
C) Not sure.

18. My current treatment plan is intensive outpatient. What will happen to my treatment plan if I continue to use/relapse with drugs and/or have poor attendance and participation in my outpatient program.

A) Nothing. I was told that my treatment plan is outpatient and it cannot change.
B) I will be discharged from Drug Court and will have to do my jail alternative.
C) A change in my treatment plan. I may be referred to an inpatient program for a higher level of care.
D) Not sure.

19. Is it expected that I wear “suitable” attire when I appear in front of the Judge?

A) Yes, I should treat all court appearances as if it was a job interview.
B) No, I can just wear shorts and a T-shirt if I want to.

20. I should inform my case manager of any contact with the police and/or re-arrest.

A) True.
B) False.

21. If I attend school, all attendance and participation at school directly affects my compliance status in court.

A) True.
B) False.

22. If I do not complete Drug Court successfully my case will be dismissed.

A) True.
B) False.

23. While I am in treatment and I fill out job applications, can I answer "No" to the question "Have you been convicted of a crime?"

A) Yes because the employer has no way of finding out.
B) No because it doesn't really matter.
C) After graduation I can answer "No" to "Have you been convicted of a crime?", but while in treatment I must answer "Yes". When I took the plea, I was convicted and I am awaiting sentencing.

24. I am finished when I reach my 8 month mark.

A) True.
B) False.

25. Graduation requirements are: complete all MMTC Phases; get treatment program's approval for graduation; progress towards vocational, educational and development goals; and submit graduation application.

A) True.
B) False.

1.C, 2.A, 3.B, 4.A, 5.A, 6.B, 7.A, 8.B, 9.D, 10.D, 11.A, 12.B, 13.B, 14.B, 15.B, 16.B, 17.B, 18.C, 19.A, 20.A, 21.A, 22.B, 23.C, 24.B, 25.A

If there are any other question that you would like answered, please contact your Case Manager or at drugcourtinfo@nycdrugcourt

60 Lafayette Street, New York, NY 10013
P: 646.386.4626 .F: 212.372.1725
www.nycourts.gov/nycdrugcourt

Court Terminology

Accused - The person against whom an accusation is made; one who is charged with a crime or traffic infraction.

Appeal - Taking a case which has been decided in a court of inferior jurisdiction to one of superior jurisdiction, for the purpose of obtaining a review.

Arraign - Arraignment of an accused consists of calling upon him by name, reading to him the charges in the arrest documents, demanding of him whether he pleads guilty or not guilty or, in misdemeanors, no lo contendere, and entering his plea. This hearing may be combined with right to counsel hearing.

Bail - The release of a person from legal custody by a written agreement that he shall appear at the time and place designated and submit himself to the jurisdiction of the court and observe the requirements set forth in the recognizance.

Bond - A certificate or evidence of a debt with a sum fixed as a penalty, which contains a written agreement binding the parties to pay the debt, conditioned, however, that the payment of the penalty may be avoided by the performance of certain acts by one or more of the parties.

Civil action - A case brought for determination enforcement or protection of a right, or redress; or prevention of a wrong; every action other than a criminal action.

Complaint - criminal - A charge brought before a judicial officer having jurisdiction, that a per-son named has commit-ted a specified offense.

Court order - A command or mandatory direction of a judge which is made during a case. Also includes a command of the judge which establishes courtroom or administrative procedures.

Crime - A positive or negative act in violation of penal law; an offense against the state classified either as a felony or misdemeanor.

Custody - The detainment of a person by virtue of lawful pro-cess or authority; actual imprisonment.

Defendant - The party against whom relief or recovery is sought in a court action or suit. Sometimes used to designate the accused in criminal or traffic cases.

Deposition - The testimony of a witness taken upon oral examination, after notice to the adverse party, not in open court, but in pursuance of a notice to take testimony issued by the party wanting the deposition. The adverse party has the right to attend and cross-examine. Testimony is reduced to writing and duly authenticated, and intended to be used in connection with the trial of an action in court. These are used in circuit court.

Detention - The holding of a person in custody or confinement.

Discovery - Procedures by which one party to a lawsuit may obtain information relevant to the case which is held or known by the other party.

Dismissal - An order disposing of an action, suit, etc., without trial.

Dismissed but not sealed - An order disposing of an action without trial but the file can be physically opened for review.

Disposition - Determination of the final arrangement or settlement of a case following judgment.

Docket - A record of all cases and actions scheduled to be heard in court, whether or not the matter is actually heard in a court on a particular day.

Evidence - All the means by which a matter of fact, the truth of which is submitted for investigation, is established or disproved.

Felony - A crime punishable by death or confinement in the penitentiary. See § 18.2-10 for classification of felonies and the punishment for each classification.

Finding - The result of the deliberations of a court.

Garnishment - A statutory post-judgment pro-ceding in which a third party who holds property, money or credits belonging to the judgment debtor is required to surrender such property, money or credits (to the extent of the judgment) to the court or sheriff for application against the judgment awarded against the judgment debtor.

Grand Jury - A special type of jury assembled to investigate whether criminal charges should be brought. Grand jury proceedings are supervised by circuit courts.

Guilty - Responsible for committing a criminal offense or a traffic in-fraction. The word used by an accused in pleading to the charges when he confesses to commit-ting the crime of which he is charged. It is also used by the judge if he finds that the accused committed a criminal offense or a traffic infraction.

Indictment - A formal accusation by a grand jury that charges a per-son with a crime. Indictments are used to bring more serious charges and are used in circuit court only.

Juvenile - A person under the age of 18.

Legal Aid - Legal services are available in some areas to persons unable to afford an attorney. Legal aid offices handle only civil matters.

Minor - An infant or person who is under the age of legal competence. One under 18.

Misdemeanor - Offenses punishable by fine not exceeding $2,500 or being jailed for a term not exceeding 12 months or a combination of fine and jail within these limits.

Mistrial - A trial that is cut short and does not result in a verdict due to a procedural error or other problem. The trial must then start over from the beginning.

Motion - A request made to the judge by a litigant or other person connect-ed with the case for a ruling or order.

Notice - Formal notification of a legal proceeding or determination.

Parole - In criminal law, a conditional release. If prisoner makes good, he will receive an absolute discharge from balance of sentence, but, if he does not, he will be re-turned to serve unexpired time.

Petition - A formal request to a court to take a certain action on a matter.

Plaintiff - A person who brings an action; the party who complains or sues in a personal action and is so named on the record.

Plea - Statement made by the defendant either as to his guilt or innocence to the charge made against him.

Probation - In modern criminal administration, allowing a person convicted of some offense to remain free under a suspension of a jail sentence during good behavior and generally under the supervision or guardianship of probation officer together with other restrictions as the court may impose.

Remand - Sending a case back to the same court out of which it came for purpose of having some action taken on it there.

Sealed - A file that is physically closed from review.

Search warrant - An order in writing, issued by a judicial officer, in the name of the state, directed to a sheriff, or other officer commanding him to conduct a search to aid an official investigation.

Seizure - To take into possession forcibly.

Sentence - The judgment formally pronounced by the judge upon the defendant after his conviction in a criminal prosecution, setting the punishment for the offense.

Subpoena - A process to cause a witness to appear and give testimony, commanding him to appear before a court therein named at a time therein mentioned to testify for the party named under a penalty therein mentioned.

Warrant of Arrest - A written order issued and signed by a judicial officer directed to a law enforcement officer or some other person specially named and commanding him to arrest the body of a person named in it who is accused of an offense.