Mental Health And Addiction In Florida Criminal Defense Cases

Last updated on April 10, 2025

Every day, the news is filled with stories about individuals who committed crimes while suffering from mental health and addiction problems. On a daily basis, these stories feature the American victims of these crimes. However, these stories don’t always share that real people’s lives are irrevocably changed and sometimes lost due to addiction.

At The Rudman Law Group in Boca Raton, the firm’s criminal defense team routinely and regularly hear from the parents and loved ones of these defendants. These families are reaching out for help, not knowing what to do next. Traditional lawyers and the court systems have failed them. They or their loved ones are being treated like criminals, rather than people with serious medical issues. The firm’s defense team advocates for those with addiction and mental health challenges.

Working With Addiction And Those In Mental Health Crisis

The defense team at The Rudman Law Group genuinely care about their clients. It sounds simple, but that provides the foundation for their work. For most, an opioid addiction doesn’t just happen overnight. Maybe it starts with an injury and prescription painkillers. Perhaps it’s the result of an untreated mental condition and attempts to self-medicate.

Whatever the cause, the results can be devastating, both for the suffering individual and their family. Things can quickly spiral out of control, thrusting them into a legal system that doesn’t yet understand addiction and, instead, focuses on punishment rather than treatment.

Opioid And Illicit Drug Addition-Related Crimes

Drugs like oxycodone, Roxicodone, Percocet, fentanyl, heroin and Xanax proliferate on Florida streets and throughout the country (not to mention their nationwide impact), and are relatively cheap and easy to get. For addicts, their priority is almost always to find the next hit, and they will do so by any means possible. If they need to commit theft, prescription fraud or something even more dangerous and harmful.

When a person addicted to opioids enters the criminal justice system, there are three possible outcomes:

• Rehabilitation and working toward sobriety
• Jail, or returning to jail if it is a subsequent offense
• Overdose and death

The deck is stacked against those addicted to illicit drugs, particularly opioids. The focus is rarely on rehabilitation and treatment. Almost always, addicts find themselves on a punitive path that leads to incarceration.

The Florida court systems frequently turn those touched by the opioid crisis into recidivists and lifelong criminals, snatching away their chance at employment and a healthy life. Meanwhile, families are broken and multiple lives are lost to overdose in the process.

How Can Florida’s Drug Court Programs Help?

Florida’s response to the opioid crisis is failing. In an attempt to avoid creating repeat offenders, more and more counties and jurisdictions in Florida are making drug court programs available to those accused of drug crimes. This puts rehabilitation first, allowing many Floridians to avoid harsh mandatory minimums and other tough punishments.

At The Rudman Law Group the firm’s drug defense team advocates for this path for those who are dealing with addiction and mental health challenges. Utilizing Florida’s pretrial intervention programs, clients can obtain the necessary treatment that would allow them to become productive citizens.

Who Is Eligible For Admission Into Drug Court Programs?

Admission into drug court programs is limited and discretionary on a circuit-to-circuit basis. Typically, the programs must last for no less than 12 months but no more than 18 months.

In drug court, an individual may be required to:

• Attend a rehabilitation center
• Explore treatment options
• Take classes regarding drug abuse
• Attend counseling

In addition, a person may need to submit to drug and alcohol screenings. Often, they require that individuals forego using medication, even if it’s prescribed.

What Happens After A Drug Court Program?

Successful completion can allow defendants to move forward with more opportunities and a clean slate. However, those who continue abusing drugs may see their original charges reinstated.

The firm’s drug defense team strongly pursues drug court whenever it is available. Utilizing a large team of professionals, they present smart, actionable and proactive plans. By showing up in court with a plan, their clients can start the recovery and treatment process as soon as possible.

Mental Health Challenges And Criminal Activity

For those who are struggling with their mental health, crimes like battery, domestic violence and stalking are very common. When a person who is facing mental health challenges finds themselves in trouble with the law and charged with a crime, the criminal justice system provides three possible outcomes:

• Mental health assistance
• The defendant is declared incompetent and offered treatment
• The defendant goes to jail without treatment

When someone is in the midst of a mental health crisis, they often do not have the ability to understand the consequences of their behavior. Oftentimes, they are completely unaware that their mental health is imbalanced. Punishing those who are struggling with their mental health by putting them in jail diminishes their ability to seek help.

Answering Your Frequently Asked Questions About Criminal Defense And Mental Health

The criminal defense team at The Rudman Law Group knows and understands that there are a lot of questions when it comes to defending clients who are struggling with their mental health. Here are answers to some of the questions that are commonly asked. However, every case is unique. The firm offers initial consultation appointments if you have questions about a specific scenario.

What are the mental health defenses in Florida?

In Florida, there are several mental health defenses that can be used in criminal cases. These include:

• The insanity defense: In an insanity defense, the defendant may argue that they were unable to understand the nature of their actions or distinguish right from wrong at the time of the crime due to a severe mental health crisis.
• Diminished capacity: With diminished capacity, the defendant argues that their mental state impaired their ability to form the intent necessary for a specific crime.
• Incompetency to stand trial: A defendant is incompetent to stand trial when they are not able to understand the proceedings and are unable to assist their attorney with their defense.

In order to utilize any of these defenses, there must be thorough documentation and mental health evaluations.

What happens if a defendant is not competent to withstand a trial in Florida?

When a defendant is unable to understand the court proceedings and assist their attorney with their defense, the legal process pauses. The court will typically order mental health treatment to help the defendant achieve competency. This could involve hospitalization or outpatient treatment, depending on the severity of the condition.

The goal is to restore the defendant to a mental state where they can understand the charges against them and participate in their defense. If, after treatment, the defendant remains incompetent, the court may dismiss the charges or find alternative solutions, such as civil commitment.

What happens to a defendant if a mental health defense is successful?

When a mental health defense is successful in Florida, the outcome varies depending on the specific defense used. Even if a defendant is found to be not guilty by reason of insanity, they are typically not released immediately. Instead, they can be committed to a mental health facility indefinitely.

This ensures that they receive the necessary care and supervision, as they cannot be released if they are a danger to themselves or others. In cases where diminished capacity or other defenses lead to a reduced charge, the defendant might receive a lighter sentence or be ordered to undergo mental health treatment as part of their sentencing.

Consult A Florida Mental Health And Addiction Defense Attorney

The Rudman Law Group works day and night to prevent good people from getting trapped in the system. They  are widely respected within the legal community and beyond, often recognized as a criminal defense law firm  who cares about helping to promote restorative justice and get help for their clients.

From their office in Boca Raton, they help clients throughout Florida. If you or a loved one is facing serious criminal charges and there is an underlying addiction or mental health challenge, give them a call at 561-464-2615, or send a message using the firm’s online form.