If someone was accused of theft or facing charges could the fact they are addicted to a prescription drug have any bearing on the case? Could it be possible to use rehab or some other substance abuse program as an alternative to jail/prison?
A legal defense? Probably not. A consideration in reaching a reasonably favorable resolution? Possibly so. This is a very fact-specific issue. If you anticipate the possibility of a criminal charge, all the more so if you have been charged already, it is time to consult an attorney familiar with the defense of criminal cases.
Voluntary intoxication is not a defense. Drug addiction could be used as mitigation to lessen the sentence after a conviction or shorten a prison sentence when treatment is successfully completed. By all means tell your attorney that you are a drug addict and wish to seek treatment.
rehab programs are a good tool to contort a decent plea in some cases. It's much easier if it's a first time offender and the charge is relatively minor. I would tell a client to go if they have a problem not because they think it will get them a deal in court.
This message does not constitute legal advice, nor does it form the basis for an attorney client relationship. Paul M. Marriett is licensed to practice law in Illinois and Florida, and due to various changes in the law this message may not be up to date with current statutory requirements.
Likely not. While criminal charges require mental intent ("mens rea"), voluntary intoxication is not a defense to possession or trafficking. However, drug abuse could lead to a potential insanity defense. You should discuss the specific facts with a competent attorney in your area.
Voluntary intoxication is not a defense to a criminal charge. In a theft or shoplifting case, the lack of "intent " is a strong defense to such a charge. However, completing a substance abuse program can be a compelling reason for mitigation of a jail or prison sentence in many circumstances. Every case has a unique set of facts and obtaining advice from a lawyer under the umbrella of a lawyer-client relationship is vital as that lawyer would than have a full array of information regarding the unique nature of your case.
This information does not constitute legal advice nor does it constitute the basis for an attorney-client relationship.
Only as a mitigation, not a valid legal ground as an affirmative defense in a defense case in chief.
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