Many people accused of drug-related offenses have a clear financial incentive. They manufacture, traffic or distribute drugs as a way to generate money. Other people involved in the consumption or even distribution of drugs may drive their motivation from chemical dependence.
People who have become addicted to a substance and who feel dependent on it may eventually turn to criminal activity to acquire the drugs that they consume. In such cases, the addiction is what inspired the crime.
Can a substance disuse disorder become a mitigating factor in a drug case?
The treatment courts might be an option
Non-violent drug offenders do sometimes receive special consideration from the criminal courts. Those facing misdemeanor charges who do not have a history of violent offenses could be eligible for the adult treatment courts instead of a standard criminal trial.
If they can show that a substance abuse disorder played a significant role in their criminal activity, they may be eligible for adjudication in the adult treatment courts, also known as the drug courts. Drug court proceedings require intensive court supervision combined with mandatory sobriety and randomized drug testing.
The entire process often takes between 12 and 18 months to complete. However, those who successfully complete drug court proceedings can avoid the traditional penalties associated with a criminal conviction. The support they receive can help them achieve sobriety and address the personal issues that led to their criminal charges.
Discussing the underlying circumstances that led to drug charges with a skilled legal team can help defendants explore their options. Addiction does not necessarily justify misconduct involving drugs, but it can provide an explanation and a less stressful path forward for some defendants.