Dealing With Addiction In Florida Drug Cases

In recent years, a debate has arisen among scientists and psychologists, as well as legal theorists, as to just how deeply addiction affects a person’s neurology. The general impulse is that while addiction can absolutely play a role in affecting a person’s impulse control and other behaviors that might result in committing a crime, it is still an adult’s responsibility to obey the law if they are not too incapacitated or disabled to do so.

Not A Defense …

Florida’s law is very clear about the role of addiction in the commission of a drug offense: voluntary intoxication is ”not a defense to any offense proscribed by law.” The sole exceptional scenario listed in the statute is if the consumption of the controlled substance was under the aegis of a licensed practitioner – but as one can imagine, this scenario is rare.

The reasoning is simple: addiction does not erase the intent to commit a crime. A person may strongly want to possess a drug – but an equally addicted person may simply dream of a ‘fix’ without committing a crime to get one. Since possessing controlled substances without a prescription is a crime in Florida, admitting one’s addiction would have no bearing on whether to find them guilty of a criminal offense.

… But May Affect Sentencing

While addiction cannot ever be a complete defense, it can sometimes be a mitigating factor. It is quite common, for example, for a drug defendant to agree to addiction treatment as part of a plea bargain, which may result in a suspended jail sentence for them instead of having to serve that time. Florida also has what are known as drug courts in each county (including Palm Beach), which can serve as alternative treatment programs for many.

Whether or not a person’s addiction qualifies them for pretrial diversion programs or helps in mitigating sentencing factors is largely context dependent; cases may hinge on the amount of drugs in question or a defendant’s prior record. Still, in many cases it is worth an attorney attempting to negotiate alternative sentencing if a person with a drug addiction is convicted of a crime.

Contact A West Palm Beach Drug Offenses Attorney

Being charged with a drug crime in Florida is serious business. The state tries these offenses aggressively, even if addiction may have played a role in the crime’s commission. A West Palm Beach drug offenses attorney from Perlet & Shiner, P.A. can help to guide you through the legal process – contact our office today to speak to an attorney.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0775/Sections/0775.051.html