Court: Drug users can be jailed for relapsing on probation

Notable Attorneys

In a case that has attracted national attention, Massachusetts' highest court ruled Monday that judges in the state have the authority to order people to remain drug free as a condition of probation and under some circumstances order a defendant jailed for violating the drug-free requirement.

The Supreme Judicial Court ruled unanimously that such a requirement does not violate the constitutional rights of people with substance use disorder or unfairly penalize them because of a medical condition beyond their control.

The court ruled in the case of Julie Eldred, who was jailed in 2016 after she tested positive for the powerful opioid fentanyl days into her probation on larceny charges. Eldred, who has severe substance use disorder, spent more than a week in jail after relapsing until her lawyer could find a bed for her at a treatment facility.

Eldred's lawyer argued before the high court in October that her client's substance use disorder made her powerless to control her desire to use drugs, and that jailing her effectively criminalized relapse - which often happens in the recovery process.

But the justices said the defendant's claims were based partly on untested science.

"Nor do we agree with the defendant that the requirement of remaining drug free is an outdated moral judgment about an individual's addiction," wrote Associate Justice Barbara Lenk. "The judge here did not abuse her discretion by imposing the special condition of probation requiring the defendant to remain drug free."

The court called the actions of two district court judges and the state probation department "exemplary." The justices noted that Eldred had admitted to police that she had stolen to support her drug habit.

Most addiction specialists - including groups such as the National Institute on Drug Abuse and American Society of Addiction Medicine - view substance use disorder as a brain disease that interferes with a person's ability to control his or her desire to use drugs.

Related listings

  • India's top court calls for new law to curb mob violence

    India's top court calls for new law to curb mob violence

    Notable Attorneys 07/13/2018

    India's highest court on Tuesday asked the federal government to consider enacting a law to deal with an increase in lynchings and mob violence fueled mostly by rumors that the victims either belonged to members of child kidnapping gangs or were beef...

  • Congressional Dems take Trump to court over foreign favors

    Congressional Dems take Trump to court over foreign favors

    Notable Attorneys 06/05/2018

    Lawyers representing nearly 200 Democrats in Congress plan to argue in federal court Thursday that President Donald Trump is violating the Constitution by accepting foreign state favors without first seeking congressional approval.The case argues tha...

  • Justices allow Arkansas to enforce abortion restrictions

    Justices allow Arkansas to enforce abortion restrictions

    Notable Attorneys 05/26/2018

    The Supreme Court is allowing Arkansas to put in effect restrictions on how abortion pills are administered. Critics of a challenged state law say it could effectively end medication abortions in the state.The justices did not comment Tuesday in reje...

Car Accident Lawyers in New Rochelle, New York

If you have gotten in a car accident, it could seriously change your life. Whether the accident was caused by the other party’s fault or a fault of your own, you’ll want to to make sure that you are ready to prepare yourself for any cases that might follow.

Immediately following any type of car accident, it is important to take certain steps to ensure that the courts will treat you with respect and fairly. First, assess your mental and physical condition. Make sure right after the accident, you document any information regarding the accident and situation, it can be of great help later on.

You’ll want to make sure that you seek professional help for any medical conditions you may be experiencing. Do not wait to seek medical attention, you’ll want to make sure that you have documented evidence of the injury that was caused by the accident. The amount of treatment is also taken into consideration in every case.

Business News

Clayton, MO Federal Criminal Defense Attorney The Law Offices of John M. Lynch, LLC, provides strong representation for clients with federal criminal defense. >> read
DuPage IL worker's comp lawyers The law firm of Krol, Bongiorno & Given, Ltd. has been a leader in the field of workers’ compensation law in DuPage, Illinois. >> read