Navigating the Criminal Justice System as a Family

When a family member faces drug charges, the criminal justice system moves fast. This guide covers what to expect from arrest through reentry, including drug court, probation, and how to protect yourself while supporting them.

What Kinds of Justice Involvement Might Your Family Face?

What happens during an arrest?

• Your family member was taken into custody
• They could be released on bail
• They could stay in jail until court

What charges are common?

• Drug possession
• Drug distribution
• Related charges (theft, assault, driving under the influence)

What courts handle these cases?

• Criminal court
• Drug court (if available)

What does probation or parole look like?

• Supervised release
• Drug testing
• Requirements to attend treatment

What Should You Do First?

1. Get information

• What were they arrested for?
• Where are they being held?
• When is their court date?
• Who is their lawyer?

2. Don't panic

• This is manageable
• You need to be clear-headed
• Take it one step at a time

3. Get a lawyer

• If they don't have one, they'll be appointed one
• You might want to hire a private attorney
• Family members can't give legal advice, but they can help gather information

4. Find people who get it

• This is traumatic for families
• You need people who understand
• Other families have been through this

What Is Drug Court and How Does It Work?

Drug courts are specialized courts that handle drug-related cases. Instead of jail, participants complete treatment programs.

How does the drug court process work?

• Plead guilty (or no contest)
• Enter a treatment program
• Regular court check-ins
• Compliance = charges dropped or reduced
• Non-compliance = original jail time

What are the benefits of drug court?

• Treatment instead of jail
• Ongoing support
• Reduced consequences

What are the requirements for drug court?

• Must qualify (varies by jurisdiction)
• Must agree to participate
• Must follow program rules

If available, drug court is often the best option. Talk to the lawyer.

What Should You Expect in Court?

First appearance:

• Charges are read
• Bail is set (or not)
• Lawyer is appointed (if needed)

Pre-trial:

• Evidence is reviewed
• Plea deals are offered
• Negotiations happen

Trial (if it happens):

• Evidence is presented
• Jury decides (or judge, if no jury)

Sentencing:

• If convicted, sentencing happens
• Could be jail, probation, treatment, or combination

How Can You Support Your Family Member?

1. Stay involved

• Go to court dates
• Stay in contact (phone, letters, visits)
• Show you care

2. Help with logistics

• Treatment center placement
• Lawyer communication
• Transportation

3. Set boundaries

• You're not responsible for everything
• Don't enable
• Take care of yourself too

What Should You Say to Your Family Member?

Helpful:

• "I'm here for you."
• "What do you need?"
• "How can I help?"

Not helpful:

• "I told you so"
• "You always do this"
• Blame or shame

What Happens After Jail or Prison?

Reentry is hard. Housing, work, staying connected to support, all of it takes effort.

How to help:

• Help with logistics
• Provide housing if you can
• Connect them to resources
• Be patient

How Does Probation or Parole Work?

Rules vary, but common requirements include:

• Drug testing
• Treatment attendance
• Check-ins with PO (probation officer)
• No new charges
• Travel restrictions

What happens if they violate probation?

• Warning
• More restrictions
• Back to jail

Help them stay compliant. It's their best chance.

How Do You Take Care of Yourself Through This?

Families carry the weight of someone else's legal trouble. You need your own support.

• FAMM (Families Against Mandatory Minimums): famm.org
• Nar-Anon: For families of drug users
• Local support groups: Many areas have family support for those in the justice system

Where Can You Find Help?

Legal:

• Public defenders
• Legal aid organizations
• Bail funds (in some areas)

Treatment:

• SAMHSA treatment locator: findtreatment.gov
• State treatment directories

Family support:

• Al-Anon
• Nar-Anon
• Local family groups

The criminal justice system is scary. But it's manageable. Get good help. Stay supportive. Take it one day at a time.

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