It’s unquestionable that the use of drugs and alcohol often plays a role in many people committing a crime. Drug abuse may compel you to act out of character, which leads you to dealings with the legal system. For instance, you may have an upcoming court date because your addiction leads you to drive while intoxicated, which resulted in being pulled over and arrested for a DUI. One of the most common thoughts among people who have legal issues resulting from their addiction is if they can go to rehab instead of jail. If the crime you committed is relatively minor, going to rehab instead of jail may be an option; however, the courts want to be satisfied that your motives for seeking treatment aren’t simply a motivation to stay out of jail. This means you’ll need to show a desire to want to change your life for the better by eliminating your drug addiction.
How to Go to Rehab Instead of Jail
In most situations, there are two ways you can go to rehab instead of serving a court-appointed jail sentence. The options are through drug court and court-ordered rehab:
Drug Court
Drug court is a special court that is designed for non-violent substance-related crimes and/or criminal cases. Drug court is only an option for those who need addiction treatment. The courts will determine if you’re qualified for this option through mandatory, supervised testing for substance use. If so you will then be assigned treatment and rehab based incarceration instead of serving jail time. The process for drug court is much different from a regular court. The process includes:
- Waiving your due process rights and signing a preemptive confession
- Commitment to attending drug treatment and rehabilitation
- Committing to mandatory testing for drugs and alcohol
- Consenting to be monitored to confirm program effectiveness
- Committing to the attendance at a court-appointed or approved treatment facility
Court Ordered Rehab
If you have numerous DUI’s or have a history of committing substance-related crimes, the judge may recommend you participate in a rehabilitation program instead of going to jail/prison. The judge will typically only recommend this if you are a multiple offender, have several DUI’s, or otherwise have a proven track record of committing substance-related crimes, your judge may recommend you to a rehabilitation In this situation, you will be given the option of either going to jail or rehab, so you can choose which one you want to do. You may be able to initiate this option by discussing it with your attorney and asking them to recommend court-appointed rehabilitation.
Who Qualifies for Rehab Instead of Jail?
There are many people in the legal system that qualifies for rehab instead of jail, but it’s important that you discuss this option with your attorney. For instance, if you don’t have a physical dependence on drugs or alcohol, refuse to answer the questions about your drug abuse or addiction or do not appear to have a problem that can be corrected with rehab, rehabilitation will not be an option. Also, if you have a history of violent crimes, rehabilitation instead of jail or prison isn’t typically recommended, even if your current situation with the legal system isn’t for a violent crime.
The court will be particularly responsive to your request for rehab if your crime is directly related to your addiction. It is important to keep in mind that if your crime was premeditated, it suggests you would have committed the crime even if you weren’t suffering from addiction. There are a number of reasons why rehab is better than jail, but the most important reason is that it will help you kick your addiction. Research has shown that treatment in a guided rehabilitation facility does a better job of helping you get clean than being locked up in jail, but it must be something you want and not something you are doing simply to avoid incarceration. It is essential to keep in mind that going to rehab with legal problems will only help if you truly want to get clean and sober.
Get Help Today
If you or a loved one are suffering from drug and/or alcohol addiction, don’t be afraid to reach out to us. Contact us today to speak to an addiction professional and see in what ways we can help! At Grace Recovery, we’re all about getting you back on the right track.