Drug rehabilitation
When charged with certain non-violent marijuana offenses that indicate that the accused could suffer from a drug addiction (such as possession of marijuana for personal use vs. possession of marijuana for sale), there may be ways for that individual to escape a jail or prison sentence by participating in a drug treatment program instead. The key to securing this type of alternative sentencing option is to hire a California criminal defense lawyer who specializes in marijuana defense and who therefore knows which offenses qualify for alternative sentencing and, more importantly, how to persuade a judge that this type of sentencing will better serve his or her client, the court system and society as a whole.
Drug rehabilitation is authorized by California’s Penal Code and allows an eligible individual to receive credit for anytime he or she spends in a rehabilitation facility against his or her jail/prison sentence and fine. The stay will be credited against the jail or prison sentence day for day, and if the stay exceeds the sentence that would have otherwise been imposed, the accused will receive at least $30 per day of credit towards the fine, based on the discretion of the court. Because those who qualify are typically viewed as having an addiction (which is considered a health issue and not simply a criminal issue), one’s stay in a drug rehabilitation facility may even be covered by one’s health insurance.
Rehabilitation may be ordered pursuant to a Proposition 36 sentence, as a part of a diversion sentence or in the form of sober living. There are differences, advantages and disadvantages that exist among all of these alternative sentencing options and only a skilled marijuana criminal attorney is qualified to explain them and to help his or her decide which type of program best serves his or her individual needs and goals.
Drug rehabilitation programs may be outpatient or residential, but only a live-in program will qualify for jail or prison credit (as opposed to, for example, weekly attendance at a 12-step program). Residential programs are often one of the most successful treatments for marijuana addiction, as the residents are removed from their otherwise tempting environment and from the pressures that may lead them to “get high,” allowing them to completely focus on their addiction. Many incorrectly believe that marijuana is a drug that one cannot become addicted to, however, those who have habitually used marijuana for a while form both physical and lifestyle addictions to the drug – addictions that a savvy attorney can convince the court that a live-in rehabilitation facility will better be able to address than any type of services that are offered in a county jail or state prison.
Typical live-in rehabilitation facilities offer a variety of programs, including individual and group counseling, education and 12-step programs. Residents are usually not allowed to leave the facility, as the treatment that takes place is intense and very closely supervised.
The outstanding, trusted and compassionate attorneys at The Kavinoky Law Firm focus on California marijuana defense and have mastered everything related to this area of the law. They are well versed in all of the alternative sentencing options that are available to those charged with certain marijuana offenses and will do their best to successfully negotiate plea bargains for their clients that include this type of sentencing, even if the original charged offense was one that is ineligible. They know and, more importantly, are able to articulate to judges and prosecutors why a rehabilitation program will give their clients a better chance of not repeating their same mistakes and why such a program will make them more productive, sober members of society. In order to secure the best representation from a firm that is dedicated to protecting the rights of their clients, contact The Kavinoky Law Firm today for a free consultation.
