Michigan drug charges can follow offenses involving either prescription medications or prohibited substances. In both cases, people facing drug charges could end up sentenced to jail time, fines and possibly probation. They also experience the setbacks caused by a permanent criminal record.
Some people may have a straightforward defense strategy available to them, such as showing that the drugs in question belonged to another person or suppressing evidence by showing a search was illegal. Others may ask the courts for a lenient sentence, possibly because they do not have any prior offenses or because there are other mitigating factors present.
Can a dependence on drugs constitute a mitigating factor when facing drug charges?
Yes, addiction can influence court decisions
The courts try to consider the totality of the defendant’s situation when sentencing them after a guilty plea or conviction. Mitigating factors in a criminal case are details that may warrant a more compassionate approach to the sentencing process.
Substance abuse disorders are difficult for people to overcome. They change behavior and personality. They prompt people to act in self-destructive ways.
If a person accused of a drug offense has documentation validating their claim that they have a legitimate substance abuse disorder, the courts may take that into consideration during sentencing. In some qualifying circumstances, the defendant accused of a drug offense might even be eligible for adjudication in the adult drug treatment courts.
Discussing a history of addiction and other relevant factors with a criminal defense attorney can help those hoping to mount a thorough defense strategy. Addiction can be one of multiple details that influence how the courts address pending drug charges.