How do you get a drug addict court appointed rehab?

Asked about 1 year ago - Los Angeles, CA

He is willing to go and currently has 2 pending cases both involving possession charges. He has older charges (closed) and all have drugs involved. If the DA and Public Defender agree will the court fund the rehab? How do I go about getting the court to sentence him to rehab instead of jail time?

Attorney answers (3)

  1. Gayle Anne-Marie Gutekunst

    Contributor Level 17

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    Answered . YOU don't go about getting the court to do anything, I'm afraid to say. The defendant's attorney has to strike and agreement with the DA,which then has to be approved by the court. What you can do is supply the defense attorney will all information you have concerning his need for rehab, and maybe you can even get representatives from the programs to go to jail to do a preliminary intake on him.

    Many rehabs have what they call "county beds." Those are spots reserved for participants who are sent there by the county, and that includes the criminal justice system. The county will not pay for a bed in a facility with which they have not reached some agreement. In other words, don't expect a referral to the Betty Ford Clinic.

    Note that if the court does agree to rehab, he will probably have to remain in jail until a bed space frees up or he is formally accepted to a program. This does two things: 1) the court knows where he is at all times and 2) he will necessarily start detoxing while in jail.

  2. Robert Laurens Driessen

    Contributor Level 20

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    Lawyer agrees

    Answered . This is something your attorney will need to work out with the court and the DA.
    Robert Driessen

    Mr. Driessen is a former Deputy DA in Orange County with over 8 years of criminal law experience. Nothing stated... more
  3. Michael Kevin Cernyar

    Pro

    Contributor Level 20

    Answered . It may be a tough battle depending on the charges. If its a straight possession charge then the chances are better. However, many times the charges are filed as possession for sale or transportation. Then its difficult and certain strategies have to be successfully applied. In addition, there are many factors that determine his eligibility for probational rehab. Furthermore, there's rehab in the corrections facilities. His attorney will handle it in the best manner possible.

    The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice... more

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