Rehab plays a very important part in a criminal justice system. After all, a very large percentage of people coming through the system have drug and/or alcohol problems. Rehab is often considered.
Some people are sentenced to a period of jail that will be suspended if they enter a residential treatment program or an inpatient treatment program. Other times, people might just be sentenced to probation but also ordered to participate in intensive outpatient treatment or normal outpatient treatment.
If they do this, they won’t have to go to jail. Therefore, rehab and treatment are very important parts of the system. Often, we use them for clients who aren’t in custody in order to keep them out of custody. We do this by entering them into treatment programs and convincing the judge that the client has made a change towards sober living.
Are Rehabilitation Programs Reserved for Drug-Related Offenses?
No. Many times, for example, retail fraud cases occur because drug addicts are stealing to support their habit. Thusly, if this is clear to the court, the court might order them into treatment as part of their sentence. They’re trying to get to the root of the criminal behavior.
This occurs with assaultive crimes like domestic violence or felonious assault. These often involve alcohol.
Many times, people need some treatment for alcohol abuse. Courts will impose that if they see fit.
Therefore, we again turn toward getting the court to order punishments that are appropriate, that will benefit the defendant. This is better than making the defendants do a list of things that will ultimately make it more difficult for them to succeed.
Can a Judge Impose a Combination of Sentences, Like Rehab Programs, Jail Time, and Fines all Together?
Yes! They have virtually unlimited power to decide what to do with you, as long as your punishment is less than the maximum amount of jail.
Let’s just say, for example, you’ve received a first-offense drunk driving case that has the maximum penalty of 93 days in jail. However, because of your history or because of the aggravating circumstances of your case, the judge really wants to nail you.
The judge could give you 45 days of jail now, hold the rest in abeyance, put you on probation for 2 years, make you do $200 of community service, make you go to outpatient counseling, make you pay fines and costs, and make you write an essay.If you screw up, he can put you back in jail for more time.
Therefore, the judge can really do any number of things to you if these things can be related back to the crime.
Are There Any Options to Jail Time, Like House Arrest or Paid State Jail?
Some jails have work release programs. These allow you to leave and go to work.
Some jails have Tether programs, in which you’re stuck in your house, except when you go to work. Some will put breathalyzers in the house, forcing people to take 2 or 3 breath tests everyday to prove that they’re not drinking.
Thusly, alternatives to jail exist, but they vary from court to court and judge to judge. One judge might be in favor of using Tethers to keep people on house arrest, and the judge in the very next courtroom may never do it.This depends on your circumstances.
Is a Tether like An Ankle Bracelet or a Monitor?
Yes! A Tether is an electronic device that goes around your ankle and can be programmed to detect whether you leave your house or not. That way, they can tell whether you’re there when you’re supposed to be there or not.
What Are People’s Main Concerns About Sentencing When They Meet with You?
The first thing they’re always worried about is whether or not they’re going to jail. The second thing is whether or not they are going to lose their license. The third thing is whether or not they’ll have conditions that will cause them to lose their job, like reporting frequently to probation offices during work hours, which could be 30 miles away from their work.
Therefore, most of their concerns center around freedom, their job, and their ability to travel for work with a driver’s license, etc. These are really practical concerns based upon lives and circumstances.
For more information on Rehabilitation Programs, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (248) 451-2200 today.