Serving Indiana Since 1994

Arrested amid addiction? The law may offer a way forward

On Behalf of | May 20, 2025 | Criminal Defense

Dealing with drug addiction can be very difficult; on top of that, being charged with criminal offenses can feel increasingly overwhelming. This circumstance can leave you feeling isolated, lost and unsure of what is to happen next. It is important to know that Indiana courts are gradually approaching addiction through a public health lens rather than focusing only on punishment.

Addiction is more than just bad behavior 

Indiana’s legal system offers programs like drug courts. This is a more thoughtful, recovery-based alternative for people whose substance use has led to criminal charges.

The Indiana Criminal Justice Institute (ICJI) collects and analyzes data that highlights the connection between drug-related crimes and underlying struggles with addiction. This insight matters because the court may consider drug dependency when deciding your legal options. That is where the Indiana Department of Mental Health and Addiction (DMHA) plays a vital role by providing access to certified support programs across the state. 

What legal options could support your recovery?

If you have been arrested and are struggling with addiction, there are several legal avenues that could help you get back on your feet:


Drug court programs

These programs are designed to help you get sober and deal with the reasons behind your addiction to avoid future criminal behavior. Drug courts like the Vanderburgh County Treatment Court (VCTC) are a mix of court supervision and rehabilitation. Instead of a typical sentence, you would go through therapy, drug tests and regular court check-ins. Eligibility requirements include being a citizen of Vanderburgh County and at least 18 years of age, among other things. 

Diversion programs

These diversion opportunities allow you to avoid a criminal conviction altogether by successfully completing prescribed requirements. These often include intervention, education or community service.

Probation with treatment requirements

Even in the case of conviction, the court may place you on probation instead of sending you to jail. As part of probation, you may have to complete a substance abuse evaluation, attend counseling and take drug tests. This lets you stay in your community while getting help for your recovery.

Expungement eligibility

Over time, the court may clear your charges if you have successfully completed rehabilitation and maintained a clean record. Under Indiana Code 35-38-9, this offers a chance for those eligible to move forward without the permanent stigma of past mistakes.

With the right legal support and commitment to treatment, recovery is possible while minimizing the long-term impact of a criminal charge. 

The crucial first step to moving forward

Immediate legal help is absolutely essential to navigating the intricacies of this situation. An attorney who understands both Indiana law and the complexities of addiction can be your strongest advocate. Early intervention can be the key to exploring pathways that integrate accountability with the opportunity for healing in your recovery journey. 

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