Pubdate: Sat, 06 Jul 2013 Source: Sun-Sentinel (Fort Lauderdale, FL) Copyright: 2013 Sun-Sentinel Company Contact: http://drugsense.org/url/mVLAxQfA Website: http://www.sun-sentinel.com/ Details: http://www.mapinc.org/media/159 Author: Rafael Olmeda BROWARD COULD OFFER AN ALTERNATIVE IN POT CASES For thousands of defendants charged with possessing small amounts of marijuana, a Broward judge may soon be offering a compassionate break that would hold them accountable for their offenses while still keeping their criminal records clean. Broward County Judge Giselle Pollack, head of misdemeanor drug court, said she sees somewhere between 20 and 30 percent of the marijuana possession cases that come to the Broward County Courthouse. But she wants all marijuana arrests, no matter how many times the defendant has been charged with the same offense before. It's an idea that already has the support of Broward Public Defender Howard Finkelstein. State Attorney Mike Satz is considering it, and if he signs on, all misdemeanor drug offenders will have a chance to come out of the criminal justice system with a clean record. "When people are arrested for marijuana possession, they have two basic choices," said Pollack. "They can plead guilty, or they can plead not guilty and go to trial." A guilty plea or conviction could have serious, long-term consequences, she said, including limiting scholarship, educational, job and housing opportunities. Drug court, she said, gives them a third option. Those who agree to it can go through an intense, six-month drug treatment and rehabilitation program. Once they've completed it, their cases are dismissed, and they can answer truthfully when anyone asks if they've been convicted of a crime. But not every offender gets the choice to bring their case to drug court. Currently, misdemeanor drug offenders go before a county judge who determines whether the case should be referred to Pollack. A number of factors come into play, including whether it's a first offense. Pollack said drug court should be their first stop, with the treatment option ruled out by a judge who handles drug cases exclusively. It's a compassionate approach to an offense burdened by a significant racial disparity, said Finkelstein, who agreed to Pollack's approach last week. "According to the [American Civil Liberties Union], black people are 3.7 times more likely to be prosecuted for marijuana offenses in Broward County than white people, even though marijuana use is the same across racial lines," he said. "They are more likely to get arrested, and without drug court as an option in many cases, they are more likely to end up with criminal records." Pollack cited the same study and said it's a problem that needs fixing. "We must eliminate, as much as possible, the disproportionate treatment of African Americans in the criminal justice system, and the way to do that here is to give all offenders the same opportunity to have a clean record," she said. "The only way to do that is to send them all to me right from the start." At any given time, Pollack said her court oversees 800 cases. If she gets her way, that number could triple. It's a long way from the six cases referred to her when she started the misdemeanor drug court program in 2005. Prosecutors are more hesitant than defense lawyers to commit. "It appears to be a well intentioned idea, but it's going to need some study," said Broward State Attorney's Office spokesman Ron Ishoy. "We are going to speak to the Broward Association of Criminal Defense Lawyers, other defense lawyers and the Public Defender's Office about it." A marijuana possession case is treated as a misdemeanor if the person arrested has less than 20 grams of pot. Misdemeanors are punishable by less than a year in prison. Those who are arrested with more than 20 grams are charged with a felony - and those cases automatically go to felony drug court. The options and opportunities there are the same. The main difference is the treatment program is one year, twice as long as that for misdemeanor offenders. Pollack couldn't say why felony cases automatically go to drug court while misdemeanors need another judge's stamp of approval, but it's another disparity she said has to change. - --- MAP posted-by: Jay Bergstrom