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?
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.
DUI / DWI Attorney
This is something your attorney will need to work out with the court and the DA.
Mr. Driessen is a former Deputy DA in Orange County with over 8 years of criminal law experience. Nothing stated on this site shall in anyway be construed as legal advice, or as creating any attorney client relationship. If you would like to hire Mr. Driessen, feel free to contact him at www.theocduiguy.com.
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 based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.