Jail and prison have generally failed to help people overcome addictions.  California law has traditionally been very tough on crime, including drug crimes, often sentencing people to long jail or prison stays for minor drug crimes.  In recent years, the legislature and voters (through ballot initiatives) have started to change this.

The simplest way to get drug treatment in lieu of being locked up in jail is to enter into a plea deal for treatment.  California offers two such statutory programs.  PC 1000 is ideal because in addition to being sentenced to an outpatient drug class instead of jail, the conviction is vacated after 18 months, assuming successful completion.  Prop 36 does not have the same effect on the conviction, but also allows defendants to serve their sentence through drug treatment in lieu of jail. 

With the recent passage of Prop 47, all simple drug possession (not possession or transportation for sale) are misdemeanor offenses.  This means that those caught with drugs will face shorter maximum penalties.  PC 1000 and Prop 36 are not available in sales cases or DUI cases, but that doesn't mean that drug treatment, rather than jail time cannot be the sentence.

In cases where drugs were involved or motivated the crime, it may be possible to do one of two things: (1) serve a jail sentence in a rehab facility, and (2) get pre-sentence credit for time spent in a rehab facility while the case is pending.

To serve a sentence in a rehab facility in lieu of jail, the sentence must be a probation or county jail sentence.  Those sentenced to prison cannot serve their prison terms in a rehab facility.  Additionally, the judge (and often the prosecutor) must be persuaded to permit the sentence to be served in a rehab or treatment facility.  This is where having a skilled, experienced and knowledgeable Los Angeles Criminal Defense Attorney will come into play.  Persuading the court that treatment is appropriate and crafting the right sentence takes skill, knowledge and having the right relationships.

For those sentenced to prison terms, it may be possible to serve some, most or even all of a prison term pre-sentencing.  Doing so requires swift action and getting into a rehab facility early in the process.  Even before arraignment is best when possible.  Next, getting the case continued as far as possible so that as much of the sentence as possible may be served in rehab.

If you or a loved one is facing criminal charges related to drugs or suffers from a drug problem that may have motivated a crime, contact the Law Offices of Nicholas Loncar now for a free consultation with a Los Angeles Criminal Defense Attorney.  We can discuss the details of your case, carefully explain all of the options, defenses and possible consequences of the case and help you get the outcome that fits you best.

SEE OUR RELATED ARTICLES:
WHAT TO DO IF ARRESTED FOR DUI | DUI WITH PRIOR | FELONY DUI | DUI CAUSING INJURY
CALIFORNIA DRUG CRIMES LAWYER | SERIOUS DRUG CRIMES LAWYER | AVOID JAIL TIME IN LA

FREE CONSULTATIONS   213-375-3775

Contact the Law Offices of Nicholas Loncar to find out more about your eligibility for rehab in lieu of jail and how to best make that happen if it is in fact your goal.

Nicholas M. Loncar, Esq. 
Los Angeles Criminal Defense Attorney
t: 213-375-3775 | f: 213-375-3099
Mobile: 323-803-4352 
NL@iDefendLosAngeles.com
1200 Wilshire Blvd | Suite 406
Los Angeles, CA | 90017
www.iDefendLosAngeles.com

Useful Criminal Defense Links:
LA Inmate Locator 
LA Superior Court  
LAPD Online 
LA County Law Library
LA Felony Bail Schedule
LA Misdemeanor Bail Schedule