Going To Rehab WIth Pending Charges

Are you looking into going to rehab with pending charges or an arrest warrant? Here is how it can impact your legal situation and recovery.

Going To Rehab With Legal Challenges

Struggling with addiction can be an overwhelming and stressful experience and facing pending charges or an arrest warrant puts you into overdrive. Now you are in a situation where you  are trying to get clean, but using the substance dealing with the fear or anxiety of a warrant. This can make it harder to focus on getting the help you need. Seeking treatment can help get you clean and help out with your court case. North Palm Beach Recovery Center gets this predicament in their various programs. This post is dedicated to help you create a pathway to navigate the complexity of the legal system while maintaining a focus on your personal health and recovery. Here is what you need to know while trying to find treatment while having a warrant or pending charges.

Pending Charges VS Warrants

Pending drug charges are when a Law Enforcement Agency has accused you of either possession, manufacturing, or distribution and are building a case to present to a judge. This process can come with serious consequences such as fines, probation, and even incarceration.

A warrant is a document issued by a legal or government official authorizing the police or some other body to make an arrest, search premises, or carry out some other action relating to the administration of justice. If the crime in question, that was the basis for the judges ruling to issue the warrant in the first place, is drug related (either possession, distribution, or manufacturing) the warrant is considered to be a Drug Related Warrant. 

Drug Charges and Drug Rehab

Drug addiction and criminal activity go hand in hand. Addicts often find themselves on the wrong end of the law. Whether you are manufacturing, distributing or just a simple user the lifestyle and situations that surround addiction eventually you find yourself dealing with a legal charge of some sort. Similarly Rehab and dealing with drug related charges or warrants also go hand in hand. Rehab can help not only deal with the root cause of a person's addiction, but also act as evidence to help support one's legal case. By demonstrating commitment to recovery and self improvement along with community improvement rehab can positively influence legal proceedings. North Palm Beach Recovery Center partners with top industry professionals to help individuals focus on their recovery while managing their pending charges or active warrants.

Arrest Warrants and Drug Rehab

Addicts often find themselves in hot water due to their substance abuse, because of how that plays into criminal behavior. Sometimes a charge is what is needed to realize we are addicted and that prompts treatment. Whether the warrant or charge is due to possession, distribution, or manufacturing it will make seeking help even more daunting. Rehabilitation can be beneficial in your recovery and legal battles. Courtrooms recognize the value of rehab facilities in navigating recovery and never having an active warrant again.

The bottom line is recovery often goes hand in hand with legal troubles. When an addict is dealing with charges such as DUI, theft or burglary, or assault it can often lead to an epiphany of sorts that leads them to want to seek out help for the cause of their problems -  Addiction. This wake up call comes with a desire to get clean and sober. For many people dealing with their addiction will require professional help. 

Rehab Over Arrests

There has been a radical shift in how society views addiction and substance abuse within the last decade. Stigma has come down, and with that, there is a larger emphasis on rehab over incarceration for drug related offenses. Addiction is being recognized as a medical condition and is being handled with a little more empathy than 10 or 20 years ago. The severe punishments, especially for first time offenders, prove to be non-effective. This shift is an overall commitment to reducing relapse and encouraging long-term sobriety.

There are now multiple organizations that promote rehabilitation over arrests 

Some of these organizations are:

  • The Drug Policy Alliance (DPA) -  lobbies for the decriminalization of drugs
  • National Association of Drug Court Professionals (NADCP) advocates for drug court programs.
  • The Sentencing Project - Lobbies for Criminal Justice Reform 
  • Substance Abuse and Mental Health Services Administration (SAMHSA) - Provides resources for recovery to individuals. 
  • Law Enforcement Assisted Diversion (LEAD) - LEAD helps to reroute low level and first time offenders to treatment instead of arrest.

Courts Are Evolving to Favor Rehab

The United States has seen the ineffectiveness of the war on drugs, and it’s time for something new. We are seeing more courts prefer rehab over arrest when it comes to criminals dealing with drug related crimes. This has been made possible through Drug Courts, which is an alternative to incarceration when facing a pending drug charge. Not only do they help the one trying to get clean, but it also reduces the burden of processing low‐level, and non‐violent, offenders. Since being proven effective you are starting to see Drug Courts showing up in states across the country The appearance of Drug Courts across our nation is one of many reforms we are seeing. Due to these changes we are seeing more people getting the help they need through rehabs to manage their addiction and legal issues.

Can you get into a Rehab Center with a Warrant?

Knowing you have an active warrant can make seeking help for substance abuse feel impossible. We constantly get the question of whether or not you can go to rehab with a warrant. It is a very common question, and fortunately the answer is often yes. That said, we recommend connecting with an agent to cover your case in a confidential call. There are a few factors.

The first is the nature of the crime AND the location of where the warrant was issued. Many rehab centers across the country, such as North Palm Beach Rehab Center in Florida, provide open communication with your attorney. From there we try to get you into rehab with the hand we are dealt - including active warrants. Rehab programs show a commitment to recovery and could help positively affect the outcome of your legal challenges. It may be worth doing before your court case is finalized.

Can you get into a Rehab Center with Pending Criminal Charges?

Pending criminal charges and having an active warrant fall in similar categories, but pending charges can at times be even better than a warrant. If the crime being investigated or pending is non-violent, low level, or first time offender status rehab offers a unique option. Rehab could actually help your legal situation. Retaining your own legal counsel along with utilizing the resources available to you through rehab centers you can leverage your recovery as evidence of remorse, change, and rehabilitation. It will provide you an opportunity to prove your change both personally and societally. Dedication to your recovery is the best way to demonstrate your willingness to change and better yourself.

Types of Charges and How They Affect Rehab

Knowing how rehab and legal matters affect one another is important. Criminal charges, even drug related charges, are broken down into two main categories: Violent and Non-Violent Crimes. It’s important to recognize that depending on what your charge or warrant is for it may affect your access to certain treatments. 

For people with non-violent charges, like simple possession, theft, DWI, etc. find a wide variety of treatment options available. Rehab Centers work closely with local jurisdictions to help in these situations. On the other hand, the individuals facing violent charges (assault, armed robbery, domestic violence) may have a more limited amount of options given to them. These can be but are not limited to mandatory supervision for rehab, treatment in a secure facility, or even access to treatment while in custody. The type of charge or warrant matters

Confidentiality & Rehab Centers

Confidentiality is VERY important in Rehab Centers. Rehab Facilities fall under the protections of HIPAA. HIPAA ensures that personal medical information, which includes details about treatment for addiction and is kept private. Police do not have access to your medical information automatically, but that doesn’t mean they can’t get it. 

There are a few specific situations where they will have some access, but this is usually accompanied by a court order, if there is a risk or threat to public safety. Even in these situations there are Federal statutes like 42 CFR Part 2, which provides extra protections for medical documents that pertain to substance abuse treatment in particular.

What happens if Police or Law Enforcement Show Up at a Rehab Center?

If law enforcement does show up to a Rehab Center the situation is handled with care, due to the strict legal protections under HIPAA and 42 CFR Part 2. Protecting patient confidentiality is a requirement and unless proper documentation is provided (court order) the facility has no legal obligation to hand over any documents. 

If there is a court order, NPB is obligated to comply with what they are required to do by law, but no more. Work with your legal counsel to help ensure that all legal protections are respected. In situations like these it is always recommended that you seek personal legal counsel to work with your Rehab Center. Have them give us a call and we would be happy to chat with them. 

What to do after you leave Rehab  

You reach a significant milestone in your recovery, it is the day you leave rehab. Though this can feel like the end of a long journey it’s just just the beginning. You want to make sure you have a solid relapse prevention strategy when you leave rehab. This is your first day of long-term sobriety and you need a  robust support network of friends, family and sponsors, attending group and individual therapy, working with an outpatient program, and even volunteering within your community. 

Dealing with your Charges after Rehab

After you are sober the next big step in your recovery is dealing with any active warrants or pending charges. It’s clean up time.. The first step is to get in contact with your legal defense team and make sure that you are prepared for any upcoming court date. Staying in contact with your legal team also ensures that you are aware of all current and future legal obligations you may have, fines, court dates, community service etc.

Completing Rehab can be a valuable part of your legal defense, especially if addiction played a key role in the offense. Completing a rehab program shows dedication to your self improvement. It shows the court that you are able to take responsibility and are less likely to reoffend (the real purpose of the court system). It is also advised to collect character references from people involved in your recovery, maybe even one from the rehab center. This can be anyone from sponsors, family members, and even other patients if it helps speak to your change. 

Get your Rehab and Attorney in Touch

Be sure to connect your legal defense team with your rehab. This can help streamline all future steps in your recovery by making it easier for your legal counsel to build your defense. As you’ve noticed rehab and law can go hand in hand sometimes. If you have any further questions concerning your legal situation and how it may affect your rehabilitation options please click here.