Substance abuse often has a causative relationship with criminal prosecution in Texas. Police officers can arrest anyone who possesses banned drugs like methamphetamine or Molly, and they can also arrest anyone who seems to have abused controlled prescription medications.
Frequently, those arrested for and accused of drug-related crimes have some kind of personal struggle with addiction. There is a strong association between chemical dependence and someone’s involvement in the criminal justice system. Yet, their medical circumstances might also affect the outcome of the charges that they face in ways that are arguably positive.
Addiction could qualify someone for pre-trial diversion
Texas offers several forms of pretrial diversion for defendants in unique circumstances. A verifiable issue with chemical dependence is one of the many circumstances in which someone could potentially avoid criminal prosecution after an arrest for a drug offense.
The Texas drug courts mandate intensive court oversight, meaning a defendant would have to meet with court-appointed professionals frequently. They will need to undergo substance abuse treatment and submit to random drug testing. However, those who successfully complete drug court proceedings can avoid a criminal conviction and the court and post penalties that a guilty plea might carry.
It might inspire a judge to be more lenient
Many people facing criminal charges simply seek to avoid responsibility, a tactic that might inspire a judge to punish them more harshly. Some defendants may benefit from admitting their struggles to a judge and outlining a personal history that provides an explanation for their chemical dependence and potential criminal activity.
Certain judges may be more likely to impose a lenient sentence when an individual takes responsibility for their actions and makes it clear that they would like to address the underlying cause of their recent arrest. Proactive efforts to treat the addiction and improve one’s circumstances, as well as presenting the best possible image in court, can help strengthen the claim that someone has learned from a mistake.
The best way of responding to drug charges will depend on someone’s criminal history, the evidence the state has and the specific charges they face. Ultimately, acknowledging a substance abuse disorder could help someone plan a more effective defense strategy for pending drug charges in Texas.