DEA Lawyers Explain How Drug Addiction Can Impact Criminal Defense

How Drug Addiction Can Impact Your Criminal Defense

The Link Between Addiction and Crime

There is an undeniable link between drug addiction and criminal behavior. In fact, abusing drugs or alcohol is a factor in 78% of violent crimes and 83% of property crimes, according to the National Council on Alcoholism and Drug Dependencies. The nature of addiction drives individuals to prioritize fulfilling their next fix over anything else. They may resort to illegal activities like theft or selling drugs to fund their habit.

Most states have laws in place to divert substance abusers into treatment programs rather than incarceration. But sometimes, the offenses are too severe or program criteria too strict. Other times, defendants miss opportunities for rehabilitation due to lack of information or resources.

How Addiction Impacts Criminal Cases

When representing clients with addiction issues, several key factors come into play:

• Mental State – Intoxication or withdrawal symptoms can greatly impact a person’s mental state when a crime occurs. This may form the basis of defenses like temporary insanity, diminished capacity, or intoxication defenses.
• Mitigating Factor – Addiction can be presented to judges and juries as a mitigating factor during sentencing. This gives insight into what drove criminal behavior with the aim of a more lenient punishment.
• Supervised Release – Individuals with substance abuse disorders often have conditions around treatment and sobriety during probation or parole. Relapse leading to violations means they face further legal consequences.
• Co-Occurring Disorders – Up to 65% of those struggling with addiction also live with mental illness, such as depression, PTSD or bipolar disorder. These co-occurring conditions can influence behavior and available defenses.

Building an Effective Defense for Addicted Clients

Representing clients impaired by drugs or alcohol requires a nuanced legal strategy. As their advocates, we carefully balance holding them accountable while providing perspective on addiction’s strong grip.

A key first step is understanding the full context of our client’s substance use history. When did they start abusing drugs or alcohol? Have they tried getting sober in the past? What kinds of treatment have they undergone? This background helps demonstrate to the court that addiction is a disease requiring compassion.

Next, we explore how intoxication may have impacted their mindset and actions when the offense occurred. Could they distinguish right from wrong in that moment? Were they even aware of what they were doing? These are critical questions for asserting defenses centered on mental state.

Finally, we develop a well-rounded treatment plan that may influence sentencing terms or supervised release conditions. Does outpatient counseling suffice or is inpatient care needed? Are medication assisted treatments like Vivitrol appropriate? What recovery support systems are available when they leave incarceration? A concrete plan shows the court our client is serious about overcoming addiction’s grasp.

By balancing accountability with empathy, we aim to help our clients take responsibility while also charting a new path forward.

Exploring Common Defenses in Drug Crime Cases

As addiction intersects with criminal charges, defenses focusing on intoxication and mental state are most applicable. Here are some common defenses we present on behalf of our clients:

• Voluntary Intoxication – Argues that substance use prevented a defendant from forming the mental intent necessary for a crime. This can reduce charges from intentional acts to reckless ones.
• Involuntary Intoxication – Asserts that alcohol or drugs were taken unknowingly or forced upon. Since intent rests upon voluntary consumption, involuntary intoxication voids intent.
• Insane Automatism – Occurs when intoxicants trigger violent behavior stemming from unconscious impulses or reflexes. Since actions are involuntary, culpability is nullified.
• Settled Insanity – Applies when long-term substance abuse causes ongoing psychosis or dissociative states that persist even in sobriety.
• Diminished Capacity – Presents addiction as the underlying force that drove criminal choices. By highlighting reduced decision-making abilities, less culpability applies.

Sentencing Considerations for Addicted Offenders

Even when defenses centered on addiction itself fail, we still leverage substance abuse issues to mitigate sentencing. Since addiction is clinically established as a disease of the brain with genetic and biological causes, it must factor into punishment.

We present evidence of their addiction battle through psychological evaluations and testimony from counselors, sponsors and treatment professionals. Documenting the chronic nature of the disease builds a case for compassion.

Next, we formulate an alternative sentence focused on rehabilitation over incarceration. Drug courts, probation terms centered on mandatory treatment and community-based sentences all offer options besides prison. By presenting a structured plan tailored to the offender’s needs, the odds of leniency increase substantially.

Finally, we highlight the high price society pays when addiction and criminal justice collide. According to the National Association of Drug Court Professionals, treatment and sobriety programs during incarceration have proven to reduce both addiction and re-arrest rates. Given the promise of recovery, lengthy prison sentences seem counterproductive. Persuading judges and juries on this point is central to securing less punitive outcomes.

The Road to Recovery

At the end of the day, our duty is not merely defending those impaired by addiction’s grasp, but also giving them hope of a better future. Through compassion and understanding, we aim to help our clients down the difficult road to recovery.