Florida adopted a first offender intervention court system.
Basically a pretrial program which treats addition as a medical issue. The goal is to use the pre-trial release to mandate treatment. At the end there is no criminal record on the person IF they successfully complete treatment.
It is a good program and I have processed clients through the FL system. Rush is being harrassed because he is Rush. If the state attorney had a case it would have gone into the system already. (he also would have tried to play a game with the release of information and earned a bar complaint which will survive the case regardless of outcome.)