Law enforcement and prosecutors who investigate various criminal offenses find that many crimes occur in part due to an offender’s substance abuse issues. Alcohol or drug intoxication may cause people to engage in unlawful activities they otherwise wouldn’t. Some people with severe addiction issues may resort to criminal activity to obtain the drugs needed for their habit.
Given the frequent connection between crime and substance abuse disorders, the criminal justice system has established various programs designed to offer offenders whose crimes relate to their substance abuse issues treatment and rehabilitation programs to address those issues and hopefully avoid future criminal behavior. Still, hiring knowledgeable legal counsel can give you the best chance of obtaining treatment and securing the best possible outcome to your criminal charges.
If you were arrested for a crime that resulted from a substance abuse or addiction issue, you may have legal options for getting treatment and favorably resolving your criminal charges. Contact The Sombathy Law Firm today for an initial case review to discuss how an experienced Panama City criminal defense attorney can help with your case.
Common Substance Abuse-Related Offenses
Unfortunately, untreated substance abuse problems can lead people to commit various criminal offenses, either due to intoxication or a motivation to acquire drugs or money to purchase them. Examples of potentially substance abuse-related criminal offenses include:
- DUI – Individuals with alcohol or drug abuse problems have a higher risk of getting behind the wheel while intoxicated.
- Public Intoxication or Disorderly Conduct – Public intoxication or disorderly conduct involves behaving in a disruptive, unsafe, or offensive manner in public due to alcohol or drug use.
- Drug Possession – People with substance abuse problems may get caught by law enforcement while in possession of drugs for personal consumption.
- Drug Trafficking or Distribution – People engaged in drug distribution or trafficking may become addicted to the drugs they manufacture or sell.
- Prescription Fraud or Theft – Patients who become addicted to prescription drugs may engage in prescription fraud or theft to fuel their addiction, such as trying to see multiple doctors to obtain prescriptions or stealing medical providers’ prescription pads.
- Theft Offenses – An individual with a severe substance abuse issue may resort to theft crimes, such as pickpocketing, shoplifting, or robbery, to fund their habit.
How Substance Abuse Affects Criminal Cases
Substance abuse can play various roles in criminal cases, including by affecting a person’s judgment or behavior, keeping people around criminal activity, and aggravating other mental health issues. Some of the ways that substance abuse can affect criminal cases include:
- Reducing Judgment and Impulse Control – Abuse of alcohol or drugs can significantly impair a person’s judgment and impulse control, which may cause them to impulsively commit crimes they wouldn’t in a sober state.
- Dependency and Recidivism – Drug and alcohol dependency may result in a person associating with individuals engaged in criminal activity, such as drug dealing or trafficking. Substance abuse issues can also have adverse effects on a person’s socioeconomic situation, causing them to experience financial problems or have to live in high-crime areas. These social and financial factors can increase the risk of recidivism for a person with substance abuse issues.
- Mental Health Factor – Substance abuse can aggravate the symptoms of a person’s other mental health issues or illnesses, such as paranoia or schizophrenia, which may play a role in their criminal behavior.
Legal Strategies in Substance Abuse-Related Cases
Most states, including Florida, have eliminated voluntary intoxication as a defense in criminal cases, which means that defendants cannot use their alcohol or drug intoxication at the time of their offense as a defense to criminal liability. However, substance abuse can play a role in defense strategies to help defendants seek more favorable outcomes for their criminal charges.
First, although intoxication cannot provide a defense against a conviction, substance abuse issues can serve as a mitigating factor during sentencing after a conviction. They may also qualify eligible defendants for admission to diversionary programs in Florida’s criminal justice system. For example, Florida’s drug courts provide an alternative to prosecution for first-time offenders who have committed certain drug-related crimes. Drug court participants undergo treatment or rehabilitation and submit to intensive supervision by the court; successful completion of the drug court program may result in the dismissal of the offender’s charges, rendering them eligible to expunge their arrest record.
In rare cases, substance abuse issues can support legal defenses during a criminal trial, such as coercion or entrapment defenses. These defenses may apply when another party threatens to withhold drugs from an addicted individual to coerce them into committing a crime or when law enforcement agents promise to supply drugs in exchange for a person agreeing to commit a crime.
How Can an Attorney Help You?
Following an arrest for a crime arising from your substance abuse issues, an experienced, compassionate Panama City attorney from The Sombathy Law Firm can help you get the treatment or support you need for your addiction and advocate on your behalf for a favorable resolution to your criminal charges by:
- Thoroughly investigating your criminal case to obtain evidence that can help build a compelling defense
- Evaluating your legal options for pursuing a resolution to the charges, including determining your eligibility for diversionary or drug treatment programs that can help you address your substance abuse issues and mitigate the consequences of an arrest or conviction
- Working with your healthcare providers and other medical experts to develop arguments showing how your substance abuse issues contributed to criminal activity
- Vigorously advocating on your behalf throughout your criminal case, including fighting for your admission to diversionary programs or challenging the admissibility or sufficiency of the prosecution’s evidence to fight your charges, if necessary
Contact The Sombathy Law Firm After an Arrest Related to Substance Abuse Issues
Following an arrest arising from a crime related to your substance abuse or addiction issues, you may have legal options in the criminal justice system to pursue treatment and avoid the harsh consequences of a conviction. Contact The Sombathy Law Firm today for a confidential consultation with a criminal defense attorney to discuss your legal options.
