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  • Writer's pictureAttorney Joseph Soler

The state (prosecutor) wants jail, can I do rehab instead?

There are situations where a defendant in a criminal case can convince the prosecutor or judge to allow the completion of a residential rehabilitation program rather than a jail or prison sentence. Whether the prosecutor or judge allow this will usually depend on the criminal history of the defendant, what crime the defendant is currently charged with, and the seriousness of the charge the defendant is facing.

The state is usually more amenable to allowing rehab instead of jail if the underlying charge involves substance abuse. For instance, the state is usually agreeable to allowing credit for a rehab program for driving under the influence (DUI) charges, drug possession charges--even possession with intent to sell or trafficking charges, if the defendant was selling to maintain a drug habit. It may also be possible to get jail credit for theft charges or any other charge where there is an indication of substance abuse.

How much rehab should I complete?

The length of the rehabilitation program that you should complete will depend on several things:

  • The seriousness of your criminal charge

  • How bad of a drug problem you have

  • What you can afford

  • How much jail or prison the prosecutor is asking for

What kind of rehabilitation program should I complete

If your goal is to convince a prosecutor or judge to give you day-to-day credit for the completion of a rehab program, then you should complete an in-patient rehab program, as opposed to an out-patient program. It doesn't matter if it is a private or a public program, or a very expensive or an inexpensive program, as long as it is reputable. Be sure to speak to a criminal defense attorney if you are concerned whether a particular program is adequate.

Please visit our Drug Crimes page to learn more how our attorneys fight drug possession cases.

Please visit our DUI page to learn more about how our attorneys fight DUI cases.

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