• Attorney Joseph Soler

Will doing a rehab program help my criminal case?

If you are facing prosecution for a criminal charge where substance abuse is a factor, then the completion of a rehabilitation program may convince the prosecutor or judge that you are taking responsibility and making positive changes and this can result in you getting a reduced jail sentence or, in some cases, no jail at all.


Should I complete an in-house residential program or an outpatient treatment program?


If one is facing a significant amount of jail, then it is usually preferable to complete an in-house residential rehabilitation program. In certain cases, a prosecutor or judge may agree to give “day for day credit” for a residential program. For instance, if the state’s offer is 30 days of county jail, then the prosecutor may agree to waive the jail if the defendant completes a 30-day residential program.


Outpatient programs may be sufficient as well, but it will likely depend on how serious your charges are and how serious your substance abuse issue is. Be sure to discuss your particular case with a criminal defense lawyer who can advise you, as no two cases are the same.


How long of a rehab program should I complete?


Residential rehabilitation programs generally are anywhere from 28 days up to a year or more. Ideally, you should be screened for, and ultimately choose, the program that will best suit your medical and legal needs, regardless of the length of the program. For instance, if you suffer from drug addiction and mental illness, you may be best suited for a dual-diagnosis program that can help treat both substance abuse and mental illness, even if it is shorter in length than the “substance abuse only” program.

If you have a significant history of substance abuse and/or are facing serious criminal charges, it is usually best to consider a long-term residential program. A long-term program is generally a program that is 4.5 months long, or longer. The completion of a long-term residential program is a significant achievement and can oftentimes result in a significantly reduced sentence.


Talk to a criminal defense attorney before you enter a program


We can answer your questions and help guide you. If you are facing criminal charges in Sarasota or Bradenton and would like to discuss your case with an attorney, please call us at (941) 444-5128.

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