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Will Rehab Help My Court Case? The Impact on Your Record and Sentencing

Yes, Rehab may help your court case. But the specialty of that depends on the type and severity of your crime.

Crime occurs for creating, using, and distributing drugs. All these things are criminal, risky, and life-threatening for the addict and the people around them. An addict may harm others for money to buy drugs. 

On the other hand, they may also behave abnormally after substance abuse. A statistic mentions that about 1,6 million Americans were arrested for using drugs and other substances and about 244,000 were sent to prison annually. 

Another report claims that about 60% of robbery, theft, and property crimes take place because of alcohol and drug use. The scene is quite clear on how drugs influence crime. 

Let’s explore the blog to know how drugs or any kind of addiction can cause crime, the punishment for these, the connection between punishment and rehabilitation, how rehab helps in court type of addiction rehab cases, and many more.

How addiction can contribute to criminal behavior

Have a look here and you’ll find the horrific situation-

  • In most prisons, 80% of prisoners are addicts.
  • 26% of Americans are arrested annually for creating violence after using drugs or alcohol. Where 11% of them are marijuana addicts.
  • 35% of jobholders are facing problems because of their colleagues drinking or using drugs.
  • In the last 10 years, 58% of addicts were arrested because of cannabis.

Substance use may affect your nerves and encourage you to perform violations. Here not only the use of the substance is the main issue but also the pre-behavior of getting the substance.

There can include driving a car after using drugs or alcohol that causes a lot of accidents, anger issues, harm to your family member or society, and violation of workplaces or educational institutions. Also forcing your family members or loved ones or threatening them for money to get you drugs and alcohol.

If you want to return to a normal life then only rehab can help you out. Check into rehab lists, and find the best one for you. Rehab not only helps to get rid of substance abuse but also teaches you to deal with the after-rehab situation and many more.

Rehabilitation versus Punishment: A Shift Towards Treatment

Some points discussed to differ rehabilitation from prison punishment

Rehabilitation is the process of helping an addict (who can be known as a prisoner if they commit any crime) to get back to a normal life confidently. 

It helps them to know their fear, drawbacks of addiction, and the worst outcome of the addiction and gives them the motivation and strength to quit drugs with therapy as well as sessions. 

On the other hand, punishment is the process where a prisoner (known as an addict) suffers for their crime.

Drug courts concentrate on offering monitoring and treatment to those with substance use disorders.

Participants in these courts frequently have to fulfill several obligations, such as drug testing, counseling, and community service. Participants may be eligible to have their charges dropped or lightened in exchange. 

Here includes Juvenile drug treatment courts, DUI/DWI courts, Family treatment courts, Mental health courts, Veterans treatment courts, and Tribal healing to wellness courts. 

National Drug Court Resource Center (NDCRC) mentions that there are more than 4,000 drug treatment courts available now and 9% of these work for the youth. According to NIJ’s Multisite Adult Drug Court Evaluation, the number of committing crimes and using substances may decrease after drug court. 

Diversion programs are under a larger group of initiatives that provide monitoring and therapy. Who has been charged with or convicted of crimes? Courts, probation offices, or other organizations may run these programs. 

For example- You are sent to prison for standing on a busy road after having drugs and that causes a jam. That’s why you’re sent to prison but it is believed that in prison you can’t overcome your faults and at the same time you can feel anger issues. 

But if you are sent to rehab, then you can learn from your mistakes and be able to quit substance abuse.

Rehab’s Effect on Different Types of Cases

Rehab for addiction, cases of crimes as well as orders for them may vary from state to state. And there are also some limitations and restrictions. Here includes- 

Criminal Cases

Criminal proceedings can be significantly impacted by rehabilitation, particularly in the case of first-time offenders. Honest admission and successful completion of treatment may occasionally result in charges being dropped or reduced. 

Rehab may be a helpful tool for first-time offenders to get their life back on track. Rehab can teach them how to make better decisions and stay out of trouble with the law by addressing the underlying issues that contributed to their illegal behavior. 

Rehab may even result in charges being dropped or reduced in rare circumstances. We refer to this as an “Unusual Circumstance.”

For example- You can select a reduced punishment if you experienced terrible and difficult situations that may motivate you toward a crime. But you need to give valid documentation.

DWI/DUI Cases

Counseling is frequently a requirement following a DWI/DUI conviction. This indicates that as part of their punishment as rehab help in court, the offender must go to sessions.

Counseling is meant to assist the offender in their underlying problems that contributed to their drinking problem. Substance abuse, anger management, and coping mechanisms are included in this.

On the other hand, when a defendant voluntarily seeks treatment before the court demands it, there are several possible benefits. That includes- Charges that have been reduced, Less severe punishment, increased possibilities of probation, and many more.

Parental Custody Cases

It’s critical to keep in mind that going to therapy shows strength and dedication to your kids. It demonstrates your acceptance of responsibility for your addiction and your commitment to sobriety. 

Attending treatment is frequently seen positively by the court and may even be required as a condition of your custody arrangement.

Challenges Associated with Seeking Treatment while Involved in Legal Proceedings

Legal proceedings may sometimes feel like a barrier to your treatment. But remember laws, and courts think more about you than your crime. There are some situations with a solution to legal problems that you may face while treatment-

Guidelines for attending rehab if you have a warrant or are out on bail

You may know that there is another legal law reserved by HIPAA that protects your information and medical data from sharing. 

It also helps you to protect yourself from jail when you’re in rehab by not sharing your information with the police. Also if the rehab authority shares the information with the police, the police might permit you too to complete your treatment first. Here the importance of treatment is more than prison.

Procedures for gaining legal approval to attend an out-of-state or residential program

The approval should be given by the probation officer there you need to mention the real and proof evidence of the cause. And you need to get a release document.

Bench warrants, failure-to-appear consequences, and recall possibilities

If you are on bail you can easily go to rehab but don’t forget to check your court dates. Try to avoid rehab before the court date. 

If you skip the date by any chance that will lead to a failure to appear charge and that ends up with an arrest warrant (known as a bench warrant). But the good news is if you can show your rehab documents and the positive outcome, then the judge may overlook your punishment.

Getting a Loved One into Court-Ordered Treatment

Treatment is the only option to save your loved one from addiction as well as crimes. If your loved one can be your parent, sibling, spouse, friend, child, friends, or any other relative, who is addicted to substance abuse but didn’t have any initiative to recover, then you can go for an involuntary commitment process to send them to rehab. As you can’t force them to go to rehab if they are above 18.

The involuntary commitment process is something where the court orders to send an addict to rehab based on your complaint. But there are some limitations of involuntary commitment that include you need to attach evidence of the violation done by the addict. Here can be included if the addict harms themself, others, or any public property then the court sends them to rehab instead of jail, also if they are unable to maintain their livelihood because of addiction then rehab is the best place to get back a new life. To know more about involuntary commitment check here ‘  ‘.

People Also Asked

Can I miss court if in rehab?

No, you can’t miss court if in rehab.

If you’re receiving treatment, the missing court might result in an arrest warrant. If you’ve got a court date while you’re in rehab, you should speak with your lawyer to see if anything can be done to delay the hearing. 

But in some cases, you can in some circumstances be allowed to ask the judge for permission to skip court. But first, it’s crucial to speak with a lawyer to learn about your choices.

Can you go to rehab instead of jail?

Yes, you can go to rehab instead of jail.

It’s known as alternative sentencing. Here the main concept is to help the addict with treatment rather than punishment. But there involve certain criteria that must be met: your crime must be a non-violent drug offense and you must be eager to join rehab.

Can you go to rehab while on probation?

Yes, you can go to rehab while on probation.

People who are battling with addiction are frequently encouraged to seek treatment as part of their probation by courts and probation officers. To attend rehab while on probation, there are a few things you must do. 

That is- speak with your probation officer and ask for their approval, and check into rehab for the recovery program as soon as your probation officer approves.

It is normal to get punished if you commit a crime, but if it is a crime for your addiction, you can get some relief from the punishment, but here the court will send you to rehab. How to get rehab for any crime or what will be the outcome of your case while in rehabilitation- we have known in detail so far.

Tony McKenzie

2 thoughts on “Will Rehab Help My Court Case? The Impact on Your Record and Sentencing”

  1. My son is in jail for drug and burglary. It is his first offense. He is calling me wanting me to post Bill and send him to rehab. He’s 43 years old has always held a very high position job but he’s now a drug addict. Do I bail him out, I don’t know what to do

    1. Hi Jeanie,

      I’m sorry to hear about your son’s situation. Having a loved one incarcerated can be very difficult. Here are a few things to consider as you decide how to support him:

      ⚪ Talk to your son to understand why he committed these crimes and became addicted to drugs. Listen without judgment and try to get insight into his mindset.
      ⚪ Discuss options for treatment and support if he is released. Research rehab programs, counseling, support groups etc. He may need professional help to overcome his addiction.
      ⚪ Consider both the risks and benefits of bailing him out now. While you likely want to help him, enabling destructive behavior can make things worse long-term.
      ⚪ Set clear boundaries and expectations if you do assist him. Make sure he knows you love him but will not enable criminal activity or drug use.
      ⚪ Take care of yourself too. Seek support from friends, family or professionals as you cope with this. Do not blame yourself for his choices.
      ⚪ Consider alternatives like putting money towards his treatment or legal fees rather than bail. Or require he complete rehab first before assisting.

      There are no easy answers. Listen to your instincts, weigh the options carefully, and do what you feel is best for both of you. I wish you strength during this difficult time. Let me know if you need any other suggestions.

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