What is Court-Ordered rehab?
Court-Ordered Rehab is a mandatory legal order by a judge for a person to be placed in a rehabilitation program to avoid jail time. It is a deal where instead of being put in jail, the person promises to attend and finish a rehabilitation program. However, this is not available to everyone. It depends on the details of each case, but generally, this will depend on the nature and severity of the crime committed and a person’s sincere desire to have their life changed for the better.
If a lawyer can prove that a person with a drug or alcohol addiction would better benefit from a rehabilitation program rather than incarceration, there is a better chance of getting the sentence reduced. In these types of cases, it is essential to have a skilled defense lawyer representing the person facing charges.
There is growing evidence that suggests that treatment instead of punishment is a better approach, as it provides a better chance at reintegration than those who have gone through the prison system. Incarceration does not address the underlying reason for his behavior. This is a win-win for both the community and the offender.
The courts realize that drug addiction is as much a public health matter as it is a legal matter. This is the same thing as a person determined to have mental illness getting professional treatment instead of prison. The primary consideration here is not to punish but to find the best solution for the offender.
The best part of this kind of intervention is that certain benefits can be gained upon completion. In some instances, no criminal charges are filed. This means that you will have a clean record, and will not be negatively impacted by a conviction. This means that you are effectively given a second chance. This opportunity is not afforded to everyone.
If you’ve been arrested for DUI in Los Angeles or other criminal charges, and struggle with addiction, contact Artz and Sturm Law Group right away to discuss your case.
What are the different types of court-ordered rehab?
There are two types of court-ordered rehab in California. The first one is where a person s is charged with committing a crime and faces potential jail time. In this case, the judge decides whether to recommend court-ordered rehab as an alternative to going to jail.
The second type of court-ordered rehab in California is the involuntary commitment law where a family member is given the option of filing a petition to have the courts determine if their relative can undergo the program. This is also known as emergency orders for drug rehab. This option is available only when the offender is becoming a threat to themselves and to other people. Note that in this case, no actual criminal charges are necessary for the court-ordered rehab to apply. It is enough that their addiction is becoming a risk to themselves and other people. Although this is a court-ordered rehabilitation, it acts more like an intervention rather than a punishment.
Who is eligible for Court-Ordered Rehab in California?
The courts have set a standard they use to determine whether a person is eligible for this alternative.
- Type and Severity of the Crime. Although the objective of the court is to provide the best possible option for the offender, judges also need to consider the crime committed and the extent of the transgression against the victims. They need to balance the interest of the individual with the interest of the community. Non-violent crimes seem to have a higher chance of getting alternative sentencing rather than violent crimes. However, even if the crime has become violent, they may still be eligible.
- Violation Frequency. A habitual offender is less likely to be given this benefit. Habitual offenders point to a criminal mind rather than a drug issue and is evidence of persistent criminal action. A sentence of rehabilitation is only awarded to those to whom the courts have given the benefit of the doubt that the person has only committed the crime due to the influence of the addictive substance and is unlikely to commit another crime if the problem is addressed.
- Substance Abuse Led to the Crime. It is important that the primary reason that the offender was able to commit the crime was that they were under the influence of the addictive substance. They must be able to show that without the substance they are unlikely to commit the crime.
- Qualification for probation. It is necessary that the offender qualifies for probation in order to benefit from this kind of sentencing. Not all crimes are the same. Legal experts recognize that there are crimes that are worse than the others and as a result must be punished more harshly than the others despite the severity of injury to other people as it points to a danger that the laws seek to avoid. The benefit of probation is an implicit recognition that a crime is not as dangerous as others.
The complexities of the legal system can be difficult to traverse. You will need an experienced DUI lawyer in Los Angeles to help you fight for your right. If you need a criminal defense lawyer in Los Angeles, contact Artz and Sturm Law Group today.
How long is court-ordered rehab?
The judges decide the length of the court-ordered rehab. They can impose any length of time as long as it does not go over 60 days. However, the courts have a right to extend the sentence depending on the recommendation of relevant experts.
What if you refuse?
If you refuse court-ordered treatment that was based on a crime, then you will face jail time or other legal penalties. Court-ordered rehab is a substitute for a penalty that would have otherwise been imposed. Despite its nature as a health intervention, it still is a penalty under the law and must be complied with.
How to Choose a Court-Ordered Treatment Program
Choosing a court-ordered treatment program is largely dependent on the court order given by the judge. It will usually depend on the type of crime committed to best suit the needs of the person needing the treatment.
You have a choice among the following:
- Detox and inpatient rehab program. Usually reserved for those with serious addictions where the patient will be suffering from severe withdrawal symptoms, the patient is required to stay in a special detoxification center and be under medical supervision. For safety and treatment.
- Accelerated pretrial rehab program. These are reserved for those who have committed non-violent crimes and those who will be undergoing this program for the first time. Upon completion of the program, the charges are dropped.
- Educational Programs. These programs are usually reserved for those who have committed DUI’s and other crimes involving alcohol. If you have successfully finished the program, you are rewarded with your records of your crime being sealed
- Group Counseling. This is the program of choice for those who want to overcome their addiction and follows the highly effective 12-step model to fight addiction.
- Residential Counseling. This is one of the programs which have a high success rate against relapse. The person is given the option of staying inside an institution that will help them overcome their addiction and start a new life. The purpose of this particular program is to separate the person from the environment and influences which developed their addiction and allow them to fully focus on getting the treatment they need.
