Get Advice and Resources on Attending Treatment with a Warrant
There’s never a wrong time to turn your life around. For many people struggling with alcohol or drug addiction, serious consequences like legal troubles or having an arrest warrant are the wake-up they need to consider treatment.
But can you go to rehab with a warrant?
The short answer is that HIPAA laws protect you during your time at a treatment center, much like they protect medical patients. Certain circumstances can lead to you being arrested at a treatment program, but many people go to rehab and complete treatment, even with an active warrant.
Understanding the reality of legal issues like arrest warrants, proceedings, and court-ordered rehab can be difficult and confusing – but that’s why we’re here to answer your questions.
Accredited treatment facilities like our programs at South Shores Detox also have rules protecting clients with legal issues.
Keep reading to learn more about these protections, whether you can go to rehab during legal proceedings, and find answers to other common questions about attending rehab with a warrant.
Can Law Enforcement Carry Out an Arrest Warrant at Rehab?
Going to rehab shows good intentions and that you are trying to make meaningful changes in your life. In many cases, law enforcement will not show up at a substance abuse treatment center and stop you from receiving care that could drastically improve your outlook on life.
That being said, for severe crimes, police arrest people at rehabilitation centers. To do this, they would have to know you are at the facility and show up with a court-ordered subpoena or outstanding warrant.
This is most likely to happen in the case of severe crimes like assault, rape, or murder. People who are at risk of fleeing prosecution may also be detained.
Otherwise, the law usually allows you to go to rehab before serving or carrying out a warrant. Even when law officers, bondsmen, or members of the court know you are in a facility, they often wait until you finish treatment before carrying out an active warrant.
HIPAA Protections for Substance Abuse Treatment
Getting substance abuse treatment at a rehab center is protected under the Health Insurance Portability and Accountability Act, commonly known as HIPAA. In 2022, the regulations were updated to protect substance abuse treatment records and confidentiality.
This makes seeking treatment possible, without fear of legal issues, criminal charges, or stigma from employers and society. It protects you in cases of voluntary admission and court-ordered treatment.
Can I Be Arrested at a Drug Rehab Center?
It’s important to understand that treatment for drugs or alcohol isn’t a get-out-of-jail-free pass. There are a handful of scenarios where court-ordered arrest from treatment centers is likely.
If you are out of control, endangering others, and found at fault for your actions, treatment centers may call police officers. Illegal activities like selling drugs or assaulting someone may also be reported.
For people who have committed a serious crime and are using rehab to hide from repercussions, there is a chance of being arrested during treatment. Drug rehabs do protect your identity, but a court-ordered warrant supersedes HIPAA laws.
Lastly, the police may be involved for individuals at risk of fleeing to avoid the consequences of a severe crime. You’d be protected unless you tried to leave rehab or if police officers showed up with a warrant.
For people arrested during treatment, it’s best to work with a lawyer specializing in addiction cases. Sometimes, they can work with the courts to get a ruling for court-ordered alcohol and drug rehab to be officially embraced by the Court.
Do Rehab Facilities Report to Law Enforcement?
Addiction treatment centers do not report your name or information to the courts or law enforcement. This information is protected under HIPAA and cannot be given out without a court order.
At South Shores Detox, we work hard to protect our clients’ identities. This means that friends and family, law enforcement, your employer, and other people cannot find out whether you’re at our facility.
Even if someone were to call to check on your well-being, we would not confirm or deny you are at our facility. During intake, you can fill out a form allowing us to provide information to anyone you choose to be involved in the recovery process. Your recovery is your own and you should decide who to include.
The exception to this is cases of court-mandated rehab. When you attend rehab to meet certain legal conditions, we will provide updates to the court and keep them informed of your efforts at our center. By cooperating with court-ordered rehab, there’s a greater chance of avoiding incarceration.
The Link Between Addiction and Legal Trouble
Attending rehab with a warrant may be more common than you think. Being charged with a crime can be a wake-up call, showing you how addiction is impacting your life and leading you to seek treatment.
Drug-related crime includes those directly related, including possession, distribution, and manufacturing of drugs. Lifestyles associated with substance use can also lead to charges for driving under the influence, indecent exposure, stealing, property damage, and other crimes.
Furthermore, many people in the prison system struggle with substance use disorders. Reports from the National Institute on Drug Abuse show that an estimated 65% of inmates currently struggle with a substance use disorder, while 20% were under the influence when they committed the crime resulting in their legal issues.
How Does Rehab Affect Ongoing Court Cases?
Rehab provides a safe environment to detox from drug or alcohol use, go through withdrawals, and focus on learning skills that will ultimately improve your life. Even when you are part of an ongoing court case, allowances can be made when you are staying at a rehab facility.
Allowances can also be made if there is a subpoena to testify in a criminal case or appear in court. Sometimes, case managers or legal professionals can work with the judge.
You may be allowed to continue going to rehab while you await trial, rather than being taken to jail. Allowances might also be made so you can attend court appearances, and then return to addiction treatment afterward.
How to Attend Rehab with an Arrest Warrant
When you go to rehab with a warrant, the process is very similar to going without one. We aim to make recovering from drug and alcohol addiction easier regardless of legal troubles.
The easiest way to get started is to contact a member of our intake team. Submit a form on our website or call us directly. From there, someone will reach out to you to answer any questions, verify insurance, or set up an intake appointment to get treatment started.
One difference is that if you have legal problems, we will encourage you to work with the courts. Even though entering rehab won’t make active warrants go away, it does show the court system an effort to obey the law and make positive life changes going forward.
You, your lawyer, or a loved one can request a screening investigation. The result of this legal consultation determines how effective a jail sentence would be.
Often, in cases where substance use leads to non-violent legal trouble, there’s a question of whether it’s worth taking time to process and jail someone. It’s generally believed that treating addiction is more effective than incarceration for minor legal challenges.
What Happens to My Warrant After Rehab?
Courts understand that attending rehab is a step in the right direction for turning your life around. However, any legal matters you had before rehab still need to be addressed.
By cooperating with the legal system, there is a better chance of leniency when you face criminal charges. For minor crimes, drug court might be an alternative to jail time. Court-ordered treatment is one common condition of avoiding arrest.
During drug court, you may work with a probation officer who will ensure you’re meeting the stipulations of court. This might include going to rehab, establishing a treatment plan, finding and maintaining employment, passing regular drug tests, and meeting other conditions.
Even if you do go to jail, judges may reduce your sentence after court-ordered rehab. Taking responsibility for your actions and commitment to change shows a better outlook for legal issues and your life! Finding a lawyer specializing in drug-related issues can help with navigating this process.
Overcome Drug Addiction (Even with a Warrant!) at South Shores
South Shores Detox believes every client has the right to quality addiction treatment, regardless of legal problems. It’s impossible to make changes and look toward the future when things from your past are holding you back.
Our treatment center protects the identities of each client. Every staff member adheres to HIPAA laws and regulations, safeguarding your medical records and identity. We are unable to inform the police (or anyone else) that you are seeking treatment at one of our rehab facilities without a court-issued subpoena.
Don’t let your criminal record or outstanding warrants stop you from reaching out. Contact our team with any questions or to set up an intake appointment today!