How to Get Rehab Instead of Jail Time

Seeking Addiction Treatment and Avoiding Incarceration

Are you facing jail time for an alcohol- or drug-related crime? Oftentimes, this is a prime time for people to reflect on their substance abuse, leading to a desire to seek treatment. Instead of jail, many people struggling with substance use will want to pursue time spent in inpatient rehab.

The real question is how to get rehab instead of jail time in your sentencing? For many without violent criminal records, avoiding jail and choosing rehab can be a real and life-changing opportunity!

If you feel ready to face your drug and alcohol addiction, you can make the most of your sentencing by attending detox and rehab. Here is what you need to know to end up with the most favorable outcome that leads you away from incarceration.

The Basics of Getting into Addiction Treatment Services

When you are facing charges for alcohol or drug offenses, you will often be assessed by a mental health professional like a social worker. Cooperating with your social worker and being honest about your drug or alcohol abuse is necessary if you want to make your way into a rehab facility in place of incarceration.

Be honest about your substance abuse and how serious you are about seeking treatment for long-term recovery. Honest interactions and a genuine desire for help will go a long way toward persuading a judge that you are a great candidate for addiction treatment.

You may also need to prove that you are dependent upon the drug or alcohol in order to function. A court is more likely to send you to a treatment facility if you meet the criteria for an addiction or a substance use disorder. It is always best, to be honest about how often you are using substances and how you feel without them.

How to Request Rehab Instead of Jail Time

First-time offenders are often unsure how to go about moving their case from the track of incarceration into rehab. Even those who have been through the system before may struggle to know the right steps to put them on the track to alcohol or drug rehab.

There are two primary ways that you can pursue treatment in lieu of jail time: moving to drug court or asking for court-mandated rehab.

Moving to Drug Court for a Streamlined Process

Most states have at least a few drug courts that are designed for those who commit substance abuse-related crimes that are non-violent. If you are not immediately placed into the drug court program, your attorney can request that you be transferred to one of these programs as soon as possible.

Drug court typically has a different process for determining whether substance abuse treatment is the right fit for you as opposed to involvement in the criminal justice system. They may require more intense screenings and treatment for your alcohol or drug abuse with an eye toward lasting rehabilitation over incarceration.

Are there Drawbacks to Choosing Rehab for Drug Offenses?

The catch here is that you often must take responsibility for the crime that you are accused of committing. You will need to sign a waiver to this effect prior to being moved to drug court.

While under the drug court’s purview, you will need to keep up with all mandated treatments. If you miss therapy appointments or sign yourself out of rehab, you will be transferred back to the traditional court system because you have admitted guilt to the alleged crime. You will also need to submit to regular alcohol and drug testing.

Court Ordered Rehab when Drug Court Isn’t an Option

When moving your case to drug court is not an option for whatever reason, you can work with your attorney to ask for court-ordered rehab instead of jail time for an alcohol or drug addiction. This is often the route to go if you do not want to plead guilty to the crime but also do not want to risk serving jail time.

Rehabs are not often recommended if the nature of your crimes is primarily violent though.

If you do meet the criteria for court ordered rehab, you may not have to serve the entirety of your jail sentence. Instead, you can submit to a combination of time spent in rehab as well as time spent behind bars.

Asking the Courts for Substance Abuse Treatment Options

Oftentimes, drug possession and alcohol offenders who are sentenced to jail time will not move directly to an inpatient facility without demonstrated need, but this can also be requested, even if you have gone through a partial or cold turkey detox while in jail. Outpatient and partial hospitalization programs are more common. The court can be sure that you will not return to alcohol or drug use because you will be under their care and supervision.

When you do not stick with the treatment program prescribed to you in your sentencing, it could result in being remanded into custody and serving your time in jail.

Understanding When Court-Ordered Rehab is Right for You

The courts are likely to think about how an alcohol or drug addiction played into the crime that you are being accused of. If this is your first-time offense and it was related to drugs or alcohol abuse such as driving under the influence, you may be more likely to be sentenced to court-ordered rehab.

That being said, many judges are aware that not everyone wants help for an alcohol or drug addiction. Many judges will ask whether you would like to serve your time in jail or whether you would prefer to seek treatment at an accredited rehab facility.

This is also a great way to protect your permanent record. If you go through drug courts, you will have to admit fault for the crime which does go on your permanent record. In turn, this permanent record impacts your employment, housing, and more. You may have a much harder time with something against you on your criminal record.

The Motivation to Change After a Drug Related Crime

Court-ordered rehab shows that you made the most of the charges levied against you. It shows that you learned from your mistakes and wanted to better yourself for the future. If you have the option to go through a court-mandated rehab instead of jail, you should take it.

For many drug and alcohol offenders, or even those with drug-related cases, the choice to take a program offered by the Judge in these situations has led to vastly improved lives. It can for you or your loved one as well!

Rehabs Of Armerica regularly refers clients looking at serious jail time to treatment programs and offers help in finding resources to support you or your loved one attending rehab vs jail. Our confidential addiction help is available 24 hours a day, 7 days a week.

Requirements for Rehab Mandated by the Court

Oftentimes, people are surprised to learn that attending alcohol or drug rehab under the court system does not have to be overly lengthy. Many people are required to spend at least 60 days in the rehab facility, but this is not where the alcohol or drug addiction treatment ends. You will likely have to maintain some type of treatment for the next year or two to avoid jail time.

This might mean that even after discharge from an inpatient facility, you must attend group sessions or individual counseling. You may be required to attend 12-step meetings that help increase your odds of maintaining sobriety. All of this will require proof and valuable time on your part, so be sure to account for it if you also need to work full-time to cover your living expenses.

Adhering to Criminal Court System Rules

During this time, you may have to continue to present yourself for court hearings to monitor the progress you are making in treatment. You may be subject to regular alcohol and drug testing by the court to prove that you are complying with your treatment plan.

If you find that you fall short of the requirements of your treatment center or the court, then you may receive sanctions from the court. Too many lapses in your recovery could result in being remanded into custody for alcohol or drug-related offenses.

You must take your sobriety seriously if you are recommended to rehab. A failure to maintain sobriety could have serious effects, especially if you went through the drug courts to obtain your treatment.

What are the Benefits of Alcohol or Drug Treatment Over Jail Time?

Relaying the importance of alcohol or drug treatment to your attorney is important if you want them to lobby for court-ordered rehab on your behalf. Perhaps the biggest benefit for those who go into rehab instead of jail is that they have lower rates of recidivism.

The logic here is sound: if you committed a drug-related crime or alcohol-related crimes, then you will no longer be at risk for committing them again provided you get your substance abuse under control. Rehab is the perfect place to do so, lessening your chances of a growing criminal record.

Avoid Severe Legal Repercussions with Alternative Sentencing

Plus, you could argue that jail time is detrimental to the rest of your life. It keeps you from your family members, doesn’t allow you to move forward in your career, and only keeps you sober for the time that you are incarcerated. Without help to get to the underlying reason for your substance use, you may turn back to it when released from jail.

While you may still have a mark on your criminal record depending on whether you went through drug courts or traditional courts, it shows that you took the opportunity to better yourself which can prove favorable with employers and landlords.

Sticking with the Treatment Plan is More Likely

Many offenders may not seek help completely on their own at alcohol or drug rehab centers unless it was court-ordered. Drug court programs make it more likely that people will keep up with their rehabilitation program because there are some serious consequences to not complying with treatment.

Even if you don’t necessarily believe that you belong in a program for alcohol or drug rehabilitation, you might find that you learn a lot about yourself during your time in inpatient or outpatient rehab centers. You can learn great coping skills and tools that make it possible for you to live a sober life when discharged.

Alcohol and drug rehab programs through the courts improve employment rates and decrease complications within the family unit. As expected, they also decrease alcohol and drug use, even among those who do not feel that they are truly addicted to substances.

What are the Limitations of a Drug Treatment Program?

While you may be lucky enough to be ordered by the courts into rehab in place of jail time, you could still face other restrictions. For example, you may be mandated to stay clean even beyond your time in an inpatient facility. Most people will need to follow up with mental health professionals for a year or longer following rehab.

Sometimes, you may be required to keep up with 12-step meetings even beyond this one-year mark. You will have to take a form to each AA or NA meeting and have the secretary sign it with their name and the date, time, and location of the meeting attended. If you choose not to attend 12-step meetings, you may be required to find other approved support groups in your area.

This is a way to double-check whether you are complying with the treatment program.

Making a Serious Commitment to Sobriety and Staying Clean

All of this means you must make a serious commitment to sobriety, which will be tested regularly by your probation officer.

You may also find that your living circumstances are dependent upon your court order. Some people are not permitted to leave the state where their crimes were committed. While they may be able to go to an out-of-state rehab facility, they might need to move back following discharge for follow-up treatment closer to their home court system.

Who Pays for Court Ordered Rehab?

It is also important to keep in mind that the offender is often on the hook for paying for this type of treatment, even if it happens to be court-ordered. For some people, the potential cost of treatment is one of the things that has held them back in the past. The cost now might be offset by your desire not to go to jail, making it more appealing for you to manage your finances.

Most people are given an option of what treatment facility they would like to enroll in, allowing them to see which ones are in-network and will have the lowest out-of-pocket costs. Be sure to do lots of research to see which facilities provide you with the services that you need.

Using Insurance for Rehab Instead of Jail

Insurance is usually required to cover at least part of an alcohol treatment or drug treatment program. Depending on your income level and other circumstances, you may qualify for Medicaid or Medicare which both help offset the costs of alcohol and drug rehabilitation.

Without insurance, you might look for a facility with a sliding fee scale or a generous scholarship fund for low-income individuals. Both of these attributes can make attending rehab more cost-effective and prevent you from saddling yourself with debt upon your discharge.

Get the Right Rehab Instead of Jail: Reach Out Now!

Part of securing time in rehab instead of jail time means that you will need to find a rehab facility that is familiar with what is required from the courts. Rehabs Of Armerica only refers people to facilities that are experienced in this area.

We have the expertise and experience that comes from helping hundreds of clients across the United States to avoid incarceration.

If you are ready to find lasting recovery success with the help of the right detox and inpatient rehab placement, then reach out to us today to see how we can help you.

All calls are strictly confidential, so reach out now to get options with confidence!

Eric R( Content Editor )

Eric R. hails from Maine and does extensive work in the field of behavioral health as both a professional writer and passionate advocate for those suffering. From his own personal encounters with mental illness, he speaks to those seeking healthy relief from depression and anxiety and embraces wellness both personally and professionally. After losing friends and family to the darkness of suicide, Eric aims to educate and inform about the nature of treatment and render it accessible for all those seeking a way out of darkness and despair.