Justice involvement occurs when a loved one becomes involved in the legal system due to actions such as possession, intent to distribute, theft, domestic violence, or other offenses that may be linked to substance use. This involvement can occur in youth or adult systems. Each legal process after an arrest has its own procedures, consequences, and long-term impacts.

It can be an overwhelming and confusing experience when a family member is struggling with substance use and is arrested. Understanding how the legal system works, and the possible consequences, can help families make informed decisions. Below is an overview of justice involvement concerning substance use, including key differences between juvenile and adult systems, what to consider when seeking help, and a breakdown of the initial court process.

Differences Between Juvenile and Adult Justice Systems

Understanding the differences between the juvenile (youth) and adult systems is important as the approach, objectives, and outcomes can vary significantly.

✅ Juvenile Justice System (Under 18 Years Old)

• Goal: Rehabilitation and treatment.
• Approach: Focuses on counseling, education, and support to prevent future offenses.
• Confidentiality: Juvenile records are often sealed or expunged (erased) after an individual reaches adulthood, reducing the long-term impact on employment and housing.
• Consequences: May include probation, community service, diversion programs, or placement in a juvenile facility.

✅ Adult Criminal Justice System (18+ Years Old)

• Goal: Punishment and deterrence.
• Approach: Emphasizes accountability, often with less focus on treatment.
• Public Record: Adult convictions become part of a permanent criminal record, which can impact employment, housing, and other opportunities.
• Consequences: May include jail or prison time, probation, or mandatory treatment programs.

Key Legal Terms to Know

• Arraignment: A court hearing where formal charges are presented, and the defendant enters a plea.
• Diversion Program: An alternative to being imprisoned that allows individuals to complete treatment or community service to avoid a criminal record.
• Indictment: A formal charge issued by a grand jury, typically for serious crimes.
• Probation: A court-ordered period of supervision in the community, often with conditions like drug testing and counseling.
• Plea Bargain: An agreement where the defendant pleads guilty to a lesser charge to avoid trial and potentially harsher sentencing.
• Expungement: The legal process of removing a criminal record from public view, often available for juveniles and non-violent offenses.

The Initial Legal Process After an Arrest: What to Expect

1. Initial Charges

The legal process after an arrest begins quickly. Charges are typically presented at the first court appearance, which occurs within 48 hours of arrest. During this initial stage, the defendant has the right to be informed of the specific charges against them. If they cannot afford an attorney, they can request a public defender. The charges can range from misdemeanors to more serious felonies, each carrying different legal consequences.

Misdemeanor Substance Use Example

A misdemeanor is a less serious crime. For example, being caught with a small amount of marijuana for personal use might be a misdemeanor. In many states, this could mean:

• Possessing a small quantity of drugs (typically less than a certain weight)
• First-time possession of drug paraphernalia
• Being visibly intoxicated in public
• Minor drug possession that doesn’t involve selling or distributing

Consequences for a misdemeanor might include:

• A fine (usually under $1,000)
• Up to one year in local jail
• Required drug education classes
• Probation
• Community service

Felony Substance Use Example

A felony is a more serious crime with harsher consequences. An example would be:

• Possession of a large quantity of drugs with intent to distribute
• Selling drugs near a school or to minors
• Manufacturing illegal drugs
• Repeated drug offenses
• Possession of substances like heroin or cocaine
• Drug trafficking

Consequences for a felony can include:

• Significant prison time (more than one year)
• Large fines (often over $5,000)
• Permanent criminal record
• Loss of certain rights (voting, gun ownership)
• Required long-term treatment programs

Whether your loved one is charged with a misdemeanor or felony and the related consequences can vary by state and specific circumstances.

2. Indictment Process

For felony cases, an indictment is a formal charge that often requires review by a grand jury. This process can be lengthy, sometimes taking weeks or even months depending on the complexity of the case and local court schedules. This waiting period is crucial for families and the defendant. It provides an opportunity to work closely with an attorney to assess potential defenses and explore alternative approaches. Options to consider might include drug court programs or treatment-based interventions that can help reduce the long-term impact of the charges.

3. Arraignment

The arraignment is a formal court proceeding where the person learns the specific charges and must enter a plea. There are three primary plea options:

• Guilty (accepting full responsibility for the offense)
• Not guilty (denying the charges and requesting a trial), or
• No contest (accepting legal consequences without admitting guilt).

This hearing typically occurs within a week of the indictment and sets the stage for subsequent court proceedings.

4. Pre-Trial Hearing

Following the arraignment, the first court date or pre-trial hearing is scheduled, usually several weeks to months later. This phase is characterized by careful review and negotiation. Legal teams will examine the available evidence, consider potential plea bargains, and discuss diversion options such as treatment programs. For families, this is a critical time to engage actively with legal counsel. The goal is to explore every available avenue that might reduce the long-term consequences of the charges, with a particular focus on treatment options that address underlying substance use issues.

Tips from Parents Who Have Been There

These suggestions are from parents who have experienced arrests of loved ones for substance-related charges.

• Often, when loved ones are arrested, the first families will hear of it is the collect call from the jail. It is important to stress to your loved one not to discuss the arrest details or why they are being held. (This is their RIGHT TO REMAIN SILENT.)
• You may determine the charges filed against your loved one by looking at local government websites.
• The decision to bail out your loved one often rests on your shoulders. They may beg to be released from jail. Consider if this will lead to additional addiction problems, especially if they are not willing to seek treatment voluntarily.
• If your loved one has a mental health or medical problem, it can be important to call the facility and speak to the medical department to share your loved one’s current diagnosis and medications. The facility will not discuss your loved one’s medical status due to current HIPAA laws. Tell them that you are contacting them to provide information about their current medications and diagnosis, stating up front that you do not want to get information but want to give them information. This will help your loved one continue treatment while incarcerated.
• Remember, everyone has a boss. Do not be afraid to contact them if necessary.
• Staff at the facilities see hundreds of people weekly, and your loved one is not always at the forefront of their minds. Sometimes the squeaky wheel gets the grease – in other words, be persistent.
• If you choose to provide money, offer enough to cover their immediate needs and communication with you. The local government website may offer directions on how to set up a phone account or to send commissary money to your loved one.

A Special Note About Challenges in the Justice System

Families should work closely with attorneys to ensure loved ones have access to treatment-based alternatives and are not excluded from these programs due to built-in flaws in the system. Look for lawyers and public defenders who understand the unique challenges that people who are not white face within the justice system and who will advocate for fair treatment and rehabilitation.

Access to diversion programs, such as drug courts or treatment-based alternatives, may be limited or less frequently offered to a person who is not white. This lack of access can result in fewer opportunities for rehabilitation and an increased chance of being imprisoned.

Public defenders, who often represent low-income defendants, may be overwhelmed with high caseloads.¹ This can limit the time and resources available to advocate for alternatives like treatment or rehabilitation.

Family Support is Critical

The goal should be supporting your loved one’s path to rehabilitation and healing. This means looking beyond the immediate legal challenges and focusing on addressing the underlying substance use issues. Families can help by researching treatment options, supporting recovery efforts, and creating a supportive environment that encourages positive change.

It’s also important to take care of your own emotional and mental health during this challenging time. Supporting a loved one through legal troubles can be incredibly stressful. It’s important to seek support for yourselves through counseling, support groups, or trusted friends and family members.

Remember: Every situation is unique. There’s no one-size-fits-all approach. Patience, compassion, and a commitment to support and healing are the most important tools a family can have.