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Drug and Alcohol Rehab Centers That Provide Legal Assistance

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legal help services in addiction treatment centers

Published: September 11, 2024

Reviewed by Matthew N. Parker, MD

Substance use disorders (SUDs) are a widespread issue in the U.S., affecting 17.3% of Americans aged 12 and older according to a 2022 National Survey on Drug Use and Health by the Substance Abuse and Mental Health Services Administration (SAMHSA).

On top of this, many people with substance addictions also face common legal issues associated with alcohol and drug abuse. As a result, some rehabilitation facilities provide legal assistance in addition to treatment.

Scroll on to learn more about legal help in treatment centers including types of treatment services offered, patient rights and protections, and more.

Unfortunately, it’s not uncommon for people dealing with an addiction to face legal issues. In fact, in the U.S., an estimated 65% of people in prison have SUDs. Sometimes, these are related to their substance abuse. Some common legal issues people with SUDs face can include custody battles, divorce, and criminal charges.

Criminal charges are common with substance abuse as many addictive substances can impair your judgment and decision-making skills as well as lower your inhibitions. This can cause people to make poor decisions or behave out of character.

People facing criminal charges may have been charged with theft, buying or possessing illegal drugs, public intoxication, public nudity/urination, etc. DUIs are also common with substance addiction as many people drive under the influence while using addictive substances.

Facing legal problems during recovery can inhibit the success of treatment due to the added stress of consequences. Additionally, legal proceedings can prevent people from seeking treatment as they may feel as though they cannot take anything else on.

Both addiction treatment and rehab with legal assistance have many benefits for the physical and mental health of patients.

General addiction treatment benefits include:

  • Improved physical health
  • Improved mental health
  • Improved financial health
  • Repaired relationships
  • New hobbies
  • Health coping mechanisms
  • New friendships
  • Improved career/education

When it comes to addiction rehab programs that provide legal assistance, one major benefit is peace of mind. Knowing that their legal issues are being handled by experts can help provide a sense of security and stress relief for people in addiction recovery.

On a similar note, having professional help with these issues can help take some of the weight off of an individual’s shoulders, allowing them to focus solely on their recovery. This can lead to more effective treatment and better treatment outcomes that foster long-lasting recovery.

Finally, perhaps the most obvious benefit of legal guidance in addiction rehab is the potential for positive legal outcomes. Between help from a legal team and efforts to treat addiction, it is possible to see the desired outcome in your court case. Even if you’re not able to achieve the ideal outcome, these coordinated efforts can lead to a better outcome compared to that which might occur without legal help.

Rehabilitation facilities that offer legal assistance often provide a wide range of support services, those these differ between care centers. Some common services offered include criminal defense services, family law assistance, employment law support, and documentation and court appearance assistance.

Criminal Defense Services

A very common legal service offered by recovery facilities is criminal defense. Criminal defense services involve defending individuals charged with a crime in court.

Criminal charges can cover a wide range of crimes including driving under the influence, assault, theft, or possession of illegal substances.

Your legal team or representation can help with criminal defense in many ways such as investigating your case, advising you of your rights, negotiating plea deals, conducting preliminary hearings, finding and questioning witnesses, filing appeals, and arguing for a lesser sentence.

Family Law Assistance

Family law assistance is another common legal service seen in addiction rehab. Many people with addictions face legal issues like divorce or custody battles. These can be complicated legal proceedings on their own, which is only exacerbated by substance abuse.

Having a legal team involved in your addiction recovery can help provide evidence as to how you are resolving your substance abuse issues, which may be a key factor in the outcome of your case.

Employment Law Support

Another area of law that can come up for those with substance abuse problems is employment law. While there are protections against discriminating against employees with SUDs, people can face job loss and consequences from their employer regarding their substance abuse.

If your employer wrongfully terminated you or demoted you due to your addiction, your rehab center’s legal team will be able to represent you in court and assist you in any legal proceedings regarding this issue.

Documentation and Court Appearances

Generally, legal guidance in addiction rehab involves support in all steps of legal proceedings. In other words, you can expect support with legal documentation and making court appearances.

Legal documents can be confusing and difficult to understand fully. Legal professionals can help you understand documentation and advise how you proceed following certain steps in the legal process. On a similar note, the legal team at an addiction rehab facility can help you prepare for court appearances to improve the likelihood of positive outcomes.

Legal assistance can support addiction recovery in countless ways. This can lead to positive outcomes in many areas of an individual’s life.

One way legal assistance can support recovery is by addressing legal barriers to long-term recovery. People facing legal issues may have a hard time achieving long-term recovery for many reasons. For example, having the stress of a court case looming over your head can make it difficult to focus on recovery. Additionally, if someone is in and out of court proceedings or is put in jail, it can be challenging to attend treatment as needed.

Legal assistance can also enhance the stability of a patient’s life post-rehab. If an individual’s legal issues are addressed fully during their treatment, they can focus on maintaining long-lasting sobriety post-treatment. While legal issues can be caused by substance abuse, the stress of these issues can also worsen addiction. Without court appearances and legal consequences to worry about, patients may feel much more stable in their day-to-day lives following treatment.

After receiving legal assistance and alcohol and drug treatment, many individuals may be encouraged to live a law-abiding lifestyle. These coordinated efforts can build a foundation for individuals to start anew.

Though the benefits of providing legal assistance in treatment facilities are numerous, there are challenges to providing these services that can prevent many centers from doing so.

First and foremost, it can be difficult for legal professionals and rehab staff to coordinate. Handling a court case alongside addiction treatment can be challenging at times, and making sure schedules line up can prove to be more difficult than anticipated. That being said, many treatment centers work hard to make this happen.

Another large obstacle is the funding required to offer legal services. The cost of legal professionals can be quite high and many rehab centers already struggle to fund treatment programs themselves. Having a team of legal experts on hand may not be feasible for every treatment center, but when they can make it work, it can make all the difference for patients.

It can also be challenging to maintain privacy and confidentiality for patients receiving legal services with addiction treatment. There are many protections put into place to avoid this, though they are not foolproof.

When searching for a treatment facility, it’s not uncommon to become overwhelmed by the number of options out there. Additionally, when searching for a recovery center with legal assistance, it can be hard to distinguish which options are reliable and reputable.

In general, when looking for a treatment center, you want to look for well-accredited facilities with highly experienced staff. This still stands for facilities with legal assistance, but you’ll want to look for additional qualifications and experience among staff. Specifically, look into the legal qualifications of the facility’s team.

You may find it helpful to explore the types of legal services they offer and their success rates. Depending on the type of legal support you need, you may find one treatment center to be a better fit for you than another.

It’s also a good idea to ask questions when choosing a treatment center. Here are a few to get you started:

  • Do you offer legal assistance?
  • What legal services do you offer?
  • What legal qualifications do your staff have?
  • What do your housing arrangements look like? Will I be sharing a room?
  • What aftercare support do you offer?
  • How will my treatment plan be developed?
  • What amenities do you offer?
  • What is the cost of your treatment program?
  • Do you allow pets?
  • Is your program inpatient or outpatient?
  • Do you accept insurance?
  • How long is your treatment program?
  • Do you offer payment plans/scholarships?
  • What are your visitor restrictions?
  • What certifications and licenses do your staff have?

Another thing to look for is a dedication to personalized treatment plans and legal plans. With both addiction and legal issues, each person has unique needs and goals. A good care facility should tailor your treatment and legal guidance to suit your specific needs.

Lastly, don’t be afraid to take a look at client reviews and testimonials. Positive reviews can be a good indicator of a reliable treatment center and help you understand what the patient experience is like.

It’s important to note that every treatment center operates differently when it comes to addiction care and legal assistance. However, there are a few things you can expect to encounter at most facilities that offer legal services.

When you enroll in a treatment program, you will likely be asked about any legal issues you are facing. From there, you’ll be connected with the legal team who will help review your legal concerns with you and devise a plan of action.

Your legal team and healthcare providers will have to coordinate to make sure your legal proceedings and treatment process don’t overlap. Some experts recommend completing treatment before court proceedings, but that may not be possible for everyone.

You can expect your legal advisors to provide guidance every step of the way during your recovery. Whether this involves filing paperwork, communicating with the court, or advocating for your rights, they are there to make the process smoother. This will involve many conversations and consultations to discuss your options and how to proceed.

Treatment Services Offered

In addition to legal support, you can expect to receive several types of treatment in your addiction rehab program. There are many treatment options, some of which may be more well-suited to your needs than others.

Most treatment programs can be categorized as inpatient or outpatient. Inpatient treatment offers the highest level of care as patients live in a care facility and receive 24/7 supervision. Outpatient programs offer treatment on specific days of the week and patients travel to the care facility for treatment only on those days. There are also intensive outpatient programs (IOPs) and partial hospitalization programs (PHPs) which serve as in-between steps for inpatient and outpatient care.

Inpatient and outpatient programs offer a wide range of treatment services including individual therapy and counseling, group counseling, medication-assisted treatment (MAT), detox services, and alternative therapies in some places.

You and your treatment providers may determine what type of treatment will be most effective for you based on your goals, needs, and the extent of your addiction.

Following treatment, many rehab facilities also offer aftercare services, which are treatment services you continue post-program. Aftercare is intended to help ease the transition from treatment to day-to-day life. It can include a range of options such as support groups, sober living, regular therapy sessions, or alternative therapies.

Another important part of aftercare is relapse prevention. Relapse prevention helps individuals learn techniques and strategies to cope with stress and triggers healthily. Individuals need to prioritize their well-being by knowing how to identify a relapse and when to ask for help.

Many people worry about their rights and privacy when it comes to legal issues and addiction treatment. Luckily, there are many protections put in place to address this. It’s important to know that you have rights.

One important legal protection for individuals receiving addiction treatment is The Health Insurance Portability and Accountability Act of 1996 (HIPAA). Essentially, HIPAA protects individual medical records and personal health information from being shared without the patient’s consent.

A similar protection is the Confidentiality of Alcohol and Drug Abuse Patient Records (CFR 42) which protects treatment information for people in substance abuse treatment specifically.

The Americans with Disabilities Act (ADA) is also relevant when it comes to drug and alcohol treatment. The ADA considers opioid addiction, prescription drug addiction, and alcohol use disorder (previously known as alcohol addiction) disabilities. Additionally, those with addictions to illegal drugs who are in recovery are protected. This prevents these individuals from being discriminated against and makes sure necessary accommodations are met.

When actively in rehab, it can feel difficult to take charge of your treatment and legal proceedings, but it’s important to know that you can advocate for yourself. Don’t be afraid to speak up and make sure your needs are being met in both your treatment plan and legal plan. Having family members to support you and help advocate for you can also be immensely helpful.

Frequently Asked Questions

Is rehab protected by HIPAA?

Yes, alcohol and drug rehab is protected by HIPAA. Personal health information such as the treatment you received, medical records, and your reason for seeking treatment are all protected under HIPAA.

What is the CFR 42 law?

CFR 42 is another name for the Confidentiality of Alcohol and Drug Abuse Patient Records. It specifically protects treatment information for those receiving addiction rehabilitation services.

Is substance abuse considered a disability?

Yes, substance abuse is considered a disability under the ADA. Alcohol, opioid, and prescription drug addictions are considered disabilities, though those with illicit drug addictions are only protected if in recovery.

What problems are caused by substance abuse?

There are many problems caused by substance abuse. Addiction can cause issues in your physical health, mental health, financial health, relationships, career/education, and even your criminal record. Many people with addictions face criminal charges or other legal issues like divorce and custody battles.

It is not uncommon for people with substance addictions to face certain legal issues while seeking treatment. Thankfully, some rehab centers offer legal guidance during treatment to tackle two problems at once.

If you or a loved one needs legal assistance with addiction treatment, give our hotline a call today for more guidance.

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