Towson Substance Abuse Post-Conviction Relief Attorney

Maryland Criminal Defense Attorney Helps Clients Understand Their Treatment and Post-Conviction Relief Options

The state of Maryland recognizes the impact that substance abuse can have on criminal behavior. Those who are struggling with drug or alcohol addictions may sometimes turn to criminal activity due to their use of these substances, or they may face criminal charges such as drug crimes. Sadly, those who are convicted of crimes while struggling with substance abuse may continue to deal with the same issues after being released. To help ensure that defendants can avoid these issues and refrain from criminal activity in the future, the legal system offers avenues to ensure that they can receive treatment for drug or alcohol addiction.

At Seger Law, LLC, we understand the critical nature of addressing substance abuse issues. We work to ensure that our clients can address these concerns through the legal system and take steps to preserve their long-term well-being. We work to provide defendants with post-conviction relief, which will allow them to re-enter society successfully after serving criminal sentences and minimize the impact that these issues will have on their lives.

Substance Abuse Evaluations: Maryland Health General Article § 8-505

At any point when a person is involved with the criminal justice system, they may receive an evaluation to determine if they have a substance use disorder and if their condition may have influenced their alleged criminal behavior. Maryland law allows defendants to request evaluations prior to or during a criminal trial, following a conviction, after sentencing, during incarceration, or during a period of probation. Evaluations can also be ordered by the court in response to requests from other law enforcement officials or people in the criminal justice system.

An evaluation can be a critical step in identifying appropriate treatment paths. An outpatient examination may be conducted. In some cases, a defendant may be released from custody to attend an examination after posting bail, while in others, a person may be held in custody and transported to the appropriate health care facility. If an evaluation determines that substance abuse treatment is appropriate, the evaluator will recommend a specific program and provide an estimated date on which treatment can begin.

An attorney can request an evaluation on behalf of their client, emphasizing the potential benefits of identifying and addressing substance abuse issues. In some cases, the findings of an evaluation may be used to argue for alternative sentencing options that focus on rehabilitation rather than punishment.

Treatment Commitments: Maryland Health General Article § 8-507

If an evaluation suggests that treatment for drug or alcohol addiction is advisable, a court may commit the defendant to a treatment program. This commitment can be a part of the sentencing process or an alternative to incarceration, aiming to address the root causes of criminal behavior and facilitate rehabilitation. A defendant must provide written consent to receive treatment and allow information about their progress to be reported to the court.

When a person receives treatment, they will be placed under the supervision of the Maryland Department of Health and Mental Hygiene (DHMH). Treatment will generally last for a minimum of 72 hours and a maximum of one year, although it may be extended in six-month increments if there is good cause to do so. After the first 72 hours, treatment can be terminated if the DHMH determines that it would no longer be in the defendant's best interests.

An attorney can present a compelling case for treatment based on the evaluation, demonstrating that a person would benefit from rehabilitation rather than incarceration. They can also help ensure that a person follows the appropriate treatment plans. They may also be able to negotiate probation terms that will help a person receive the necessary treatment and continue living in their community rather than being required to serve a sentence of incarceration. They can facilitate communication between a defendant, the court, and treatment providers to ensure that the treatment aligns with legal requirements and supports the client's recovery journey.

It should be noted that defendants who have been convicted of violent crimes are generally not eligible for substance abuse evaluations or treatment. In these cases, treatment may be available once a person becomes eligible for parole, and it may help them address addictions that are related to criminal activity and ensure that they can avoid behavior that could lead to criminal arrests or charges in the future.

Contact Our Towson Post-Conviction Attorney for Treatment Options

Addressing substance abuse is crucial for defendants in the Maryland criminal justice system, and treatment can offer a pathway to rehabilitation while potentially providing more favorable legal outcomes. At Seger Law, LLC, we are committed to advocating for treatment options that address the underlying issues contributing to criminal behavior, providing our clients with a comprehensive defense that acknowledges their health and preserves their future prospects. Contact our office at 443-208-4692 to set up a complimentary consultation and learn how we can help you.