Legal Question in Criminal Law in Maryland

Was my contract w/ the state dept. Violated?

I am currently enrolled in the Howard County Drug and Alcohol Diversion Program, and when I started, I signed a contract stating that whatever treatment center i was referred to would determine how long I would have to attend. I was told by the center, that it would be 6 weeks, which would of ended today, and when I went to get a dismissal letter, they pulled out some documentation from the State Dept., that says I must attend for 26 weeks. I was never informed of this, and it is not in the contract I signed. The contract also states that the cost for the entire program would be $170, and after only 6 weeks, it's already cost me close to $300, and after 26 weeks. would cost me close to $1300. Did the State Dept. violate the terms of my contract w/ them?


Asked on 8/23/03, 1:19 pm

1 Answer from Attorneys
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Was my contract w/ the state dept. Violated?

You do not indicate the nature of the underlying charge(s), whether you were convicted or a PBJ issued, and whether you are a minor. Typically the Diversion program is for minors and applies to PBJs.

The 6 week portion of the program is for substance abuse education. The 26 weeks is for treatment. The 6 weeks overlaps with or is in addition to the 26 weeks. I do not know what treatment was recommended and this is usually the result of your intake evaluation.

In many instances your involvement with a self-help or 12-step program can be very beneficial to the outcome. This is not only a personal decision but one that you should review with an attorney.

If you had an attorney represent you, then he/she should have provided you with this information so that you were aware of what was expected. If you did not have an attorney at the initial hearing, you should have had one.

If you were issued a PBJ, non-attendance at the 26 week treatment program would, in almost all instances, be a violation of probation and result in your underlying charges converting to a conviction. Again, I do not know what the charges were but a conviction has serious ramifications.

Contact an attorney should you require assistance. I am located in Howard County, Maryland.

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Answered on 8/23/03, 3:56 pm


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