Criminal Defense Lawyer and Drug Charges: Keeping the Mind focused on Hearts of Hope

Dear Readers: Regarding drug charges and addiction, a link to Hearts of Hope is provided at the end of this blog entry.

     When the new criminal charge comes into my office, and the client has no interest in fighting a criminal drug charge, for instance, as a drug defense lawyer I tell the new criminal defense  client and his or her family that I do not want the client’s repeat business. Although this hardly seems effective as a business model, when it comes to defending drug cases and drug charges, it absolutely is the only model that makes sense. As a criminal defense lawyer, I always look over every page in the criminal case to look for anything and everything that will help my client charged in a criminal case. Motions to quash regarding an illegal search, errors in charging the criminal case, motions to dismiss the criminal charge – the client’s right to know all information and opportunities in his or her criminal case does not change simply because the client confides his or her drug or alcohol addiction to me. In fact, as a criminal defense lawyer, I know that I can often take advantage of such errors in criminal cases to my clients advantage, allowing them the freedon and opportunity to get drug treatment as opposed to incarceration without any hope for drug addiction treatment.

     Look, if a former drug client wants to hire me again, of course I’ll do it, and charge the legal fee. But what does this mean? It means that the client, despite the prior case or cases, has continued on in the world of drugs. Of course I presume each client innocent, as I should. But even if a person is innocent in fact, a new arrest may mean that the person has been traveling in circles that allows a false accusation to be charged. And if the person is in fact not innocent, then the addiction has continued. Whether the first case resulted in an outright not guilty, a motion to quash being granted, or some other form of dismissal, or if the person negotiated probation as a result –  with treatment – well, despite the successful surgery, the drug-addicted client has ripped the stitches wide open again because the addiction continues.

     In trying to improve my understanding of what people go through combating addiction, I had the pleasure of recently attending a Hearts of Hope meeting in Geneva, IL, in Kane County, a couple miles east of the Kane County Judicial Center. I cannot reveal names or even general details, because of promised confidentiality, but I can say that Hearts of Hope is one amazing organization, one that every criminal defense attorney in Aurora, Elgin, Batavia, Geneva, St. Charles, all of Kane County or from anywhere for that matter, should attend. Although open to recovering addicts, the focus seems to be on the parents of addicts. I saw the pain and frustration upon the faces there, and the strain and love in their voices. After all, these are the mothers and fathers who raised babies into toddlers, toddlers into teens.  And for each loving parent, it is so harshly devastating to witness that beautiful child succumb to addiction along with addiction’s impact on the addict’s life and health, and that of the loved ones around them.

     The session showed a helping hand of hope, a real heart of hope, a name this group well deserves. Each parent not only seeks comfort among those who understand because they too have been living the pain of addiction upon a child, but also each parent searches for answers in a realm where there just doesn’t seem to be a concrete answer. There are also parents there whose children have maintained recovery for a long time, providing an even bigger heart of hope. As a criminal defense attorney, I wanted to see, hear, and learn from such parents. Hearts of Hope provides a wealth of information and honest facts about real addiction histories. 

     It is clear that the age-old adage of the addict not only recognizing he or she is an addict, but also wanting help, remains true. Forcing someone without these basic steps just won’t work. But even with addicts receiving inpatient treatment for 3, 6, even more than 12 months, relapse happens, and sometimes quickly after release from inpatient treatment.  When I pressed for an answer why, what did the addicted person say was the reason to relapse, so hard and so soon? –  I found that there was no definitive answer to be given.

     In my March 18, 2011, post, I wrote about the need for the drug addict to be genuinely scared before treatment will stand a chance to work. Indeed even though an addict has seen death of friends due to illegal drugs, or loss of child custody, loss of employment, college, career, a place to live, the trust of family, or may have suffered a near-death overdose themselves – far too often, none of what would keep the rest of us straight seems to be enough in the face of addiction, especially heroin. It’s as though, when relapse happens, it’s because the addict’s mind at the point of relapse has emptied of every other thought, and the logical reasons not to relapse are at least muted. The person simply wants the drug. Maybe there’s a plan, doomed form the start, to sneak a hit one more time, or a plot to work around drug testing. But such plots and plans always fail at some point. Always.

     I still could be wrong, but my gathering with Hearts of Hope strengthened my belief that the addict seeking recovery has to have made up his or her mind to be scared of the addiction every single day. To make up the decision to be scared of the drug every single moment of the day. In this way, a decision is made, and made every day, before temptation arises and before the inner voice to use begins to talk. Is this the answer, or even part of the answer? I wish I knew for sure. I wish that each and every parent could have his or her son or daughter back the way they were before addiction took over the child’s life. I am convinced, however, that Hearts of Hope is invaluable for parents seeking personal relief from their own pain, for persons seeking information, as the people there provide a wealth of valuable information. And it’s also a valuable group for the recovered addict and the parents of the recovered addict to attend, to provide their own Hearts of Hope and strengthen their own continuing recovery.

     In our criminal courts, no lawyer or judge should deny a defendant his or her statutory or constitutional rights, nor provide each person anything short of  full information and options on any given case. To do otherwise not only would violate the principles lawyers and judges are sworn by oath to uphold upon licensing, but also would serve to cause an addict, typically suspicious of authority to begin with, to deeply mistrust or turn away from a court system if that system’s honesty is suspect. However, that certainly does not mean treatment is inconsistent with criminal defense. Even if litigation is the addicted client’s choice, with an eye toward victory for that case, the criminal defense attorney should provide the whole truth, that victory will be for that case only, and not for the rest of the addict’s life, unless recovery from addiction is fought for and won.

     I hope each of you who have honored me by reading this blog entry will also link (provided below) to the Hearts of Hope web site, and then pass it on to your friends and family. Sadly, I think we all know someone, or know someone who knows someone, who is hurting because of addiction. Hearts of Hope – it’s not the only organization out there, but it is special and powerful, and will in turn link you to other, helpful organizations. The cost?

    Hearts of Hope is both free and priceless. Please click on –  http://www.heartsofhope.net/

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