Methadone In Arizona Criminal Defense Cases

Methadone is a Schedule II substance used to combat opioid use disorder. It is approved by the FDA, but should only be dispensed through an approved medical provider. Methadone helps block the effects of opioids and reduce craving and withdrawal symptoms. Over time (generally at least 12 months), this can cure the patient of opioid addiction. Methadone should be used in conjunction with counseling and other mental health treatments. Why is it so important to curb opioid use? Opioid use is at a crisis level in our country, with the drug being responsible for more than 50,000 deaths per year in the United States. Oxycodone, hydrocodone, and synthetic opioids like fentanyl are responsible for more than just deaths. They are meant to treat pain but can quickly become highly addictive. Their effects spread throughout communities when people lose loved ones to overdose, and increased crime rates can cause local businesses to close. So in criminal defense cases involving opioids, can it benefit the defendant to seek methadone treatment? Read on for more discussion on this subject. To schedule your free consultation with one of our experienced Arizona criminal defense attorneys, call 480-833-8000.

Is There Such Thing as Court-Ordered Methadone Treatment?

Judges can order a defendant to be subject to a wide array of penalties when convicted of a crime. Jail and fines are the first that come to mind, but a defendant can also be ordered to complete drug and alcohol screening and counseling, community service, and more. Does that mean a defendant who is arrested in relation to opioid use can be ordered to complete methadone treatment? Someone seeking the answer to this question should first look to A.R.S. § 36-540. This is Arizona’s statute regarding court-ordered inpatient or outpatient mental health treatment. This statute applies to people who present a danger to self or others or have a persistent, acute, or grave disability, needing treatment, and who are unwilling or unable to accept such treatment. The court should order the person to complete the least restrictive form of mental health treatment available, including the possibility of a combination of inpatient and outpatient care. 

Methadone is a form of outpatient mental health treatment, as it does not require the patient to stay in the hospital for an extended period of time. There are four requirements for a patient to qualify for outpatient (as opposed to solely inpatient) treatment under Section 36-540:

1. The patient does not require continuous inpatient hospitalization;
2. The patient will be more appropriately treated in an outpatient treatment program or a combined inpatient and outpatient treatment program; 
3. The patient will follow a prescribed outpatient treatment plan; and 
4. The patient will not likely become dangerous or suffer more serious physical harm or serious illness or further deterioration if the patient follows a prescribed outpatient treatment plan. 

So there are actually two ways a judge can order a person to complete methadone treatment in Arizona: through criminal penalties stemming from a criminal conviction, and under A.R.S. § 36-540. 

Proactively Completing Methadone Treatment

A defendant may also consider seeking methadone treatment before being ordered to do so by a judge. Clearly, starting methadone treatment as soon as possible will help that person recover from their addiction as quickly as possible. But there could be additional benefits if that person is facing criminal charges related to their drug use. It isn’t uncommon for a defendant facing drug charges to attend rehab while their case is pending.  Being arrested and charged with a criminal offense may have been that person’s rock bottom, and a sign that they need to seek treatment. They may have concerns about facing cravings and withdrawal symptoms while behind bars. But there also may be an incentive related to their upcoming sentencing. In some cases, the judge may be more lenient with penalties if the defendant is already in rehab for the addiction at the root of their crime. Additionally, this allows the defendant to maintain control over their rehab treatment as opposed to waiting for it to be ordered by the judge. But rehab is expensive and might not be exactly the right type of treatment based on the defendant’s unique issues. So here, a defendant may consider starting methadone treatment while awaiting trial for drug-related criminal offenses. It could help soften the blow at sentencing and, more importantly, get the defendant on the road to recovery sooner. 

Opioid-Related Offenses

Seeking methadone treatment will only be relevant in certain types of criminal cases.For example, if the defendant were charged with assault crimes and wasn’t under the influence of opioids at the time of the offense, seeking methadone treatment would have little bearing on their likelihood to commit a violent crime again in the future. Some of the offenses in which methadone treatment could become relevant include:

• Simple possession: the amount the defendant has on them at the time of arrest can affect whether they are charged with a misdemeanor or felony. Misdemeanors are punishable by a maximum of 6 months in jail in Arizona, while there is no ceiling on penalties for a felony conviction. 
• Healthcare fraud: a person can be charged with a crime for illegally prescribing, acquiring, or distributing prescription medication. Here, a doctor or pharmacist could face criminal charges for their involvement in healthcare fraud
• Distribution and trafficking: This type of crime is generally considered more serious than simple possession, coming with stricter criminal penalties upon conviction. Trafficking makes up approximately 97% of opioid-related criminal charges in the United States. 
• Driving Under the Influence: DUI doesn’t just apply to drivers who have consumed alcohol. It is also illegal to drive under the influence of intoxicating drugs, including some prescription medications. If a person gets behind the wheel of a car while under the influence of opioids or methadone, it could result in criminal charges.
• Child endangerment: This criminal charge could also stem from a DUI case if minor children were in the car at the time of arrest. A person who is under the influence of drugs may not be in a position to properly care for their children. If the situation is extreme enough that the child is in danger, this is another example of a potential opioid-related criminal offense. This type of conviction could also have bearing on a parent’s child custody matter and overall parental rights. 
• Open container: Even if a driver is sober, they can be arrested for driving with an open container of an intoxicating substance in their vehicle. 

When Addiction Requires Not Just Medical Help, but Legal Help Too- Contact My AZ Criminal Defense Lawyers

Opioid addiction is waging war on our population, and it sometimes results in a criminal case against a person. Methadone could be a treatment option, or the substance that got the defendant in legal trouble in the first place. Being arrested and charged with a crime is a stressful and frightening experience, and you might not have full confidence in your court-appointed attorney. If you’d like to have your case reviewed by an experienced Arizona private defender, call our office today at 480-833-8000 to visit our website.