Making The Right Choices And Avoiding Jail Or Prison Time
Alternative sentencing can save a person’s future. This may sound like an exaggeration, but sadly, it’s a fact. Once an individual enters the criminal justice system and lands in jail or prison, they often return. Incarceration isn’t rehabilitation, and the recidivism rates in the United States prove that beyond a reasonable doubt. Studies show that recidivism in the U.S. is well over 50%, and some show it as high as 75%.
We see things differently. We see the criminal justice system as an opportunity to inspire people to change. We’ve seen it over and over again: When handcuffs go on, windows of opportunity can open. People don’t usually look at changing their lives absent some kind of pain, and nothing is as uniquely painful as an arrest and the prospect of prison, of loss of freedom, and of everything that entails. We believe in tipping the scales of justice towards the goal of rehabilitation, and away from punishment. We believe in helping addicts learn to live healthy, productive lives. Alternative sentencing benefits the individual and the community as a whole. By giving the addict a fresh start, they’ll have an opportunity to turn things around and become a contributing member of society.
Our society and justice system are slowly learning that addiction is a disease requiring treatment, not punishment. Of course, an individual may still be culpable for the crimes he or she commits in the aid or throes of addiction, but helping someone get control of their life can prevent recidivism, and may turn the seemingly worst experience of someone’s life — getting arrested — into the best thing that ever happened to them.
Drug Diversion Programs and the Law
The law in each state is different, so if you or someone you care about is charged with a crime, please contact a well-qualified criminal defense attorney in your area right away. Since the founder of Intervention Partners has been a California criminal lawyer for over two decades, and has relationships with attorneys around the country, you are welcome to call us for a referral to someone near you.
Many states have programs that allow for “diversion” — a way for those who qualify to avoid jail (and in some cases, to avoid a conviction entirely) if they successfully complete a treatment program that is acceptable to the judge and prosecutor. Other programs — such as California’s Proposition 36 Substance Abuse and Crime Prevention Act — allow those convicted of nonviolent drug possession offenses to receive treatment in lieu of time in jail or prison. Other jurisdictions have some version of “drug court,” where qualifying people can earn a dismissal of criminal charges or avoid time in custody if they complete a court-approved program, which typically involves intensive court supervision and frequent drug tests.
Addicts who have demonstrated a desire to become sober and live a crime-free life have a greater chance of receiving alternative sentencing. An evaluation will usually be conducted to determine if this approach is right for the individual.
You Need a Lawyer Who Understands Alternative Sentencing
If an addiction has led to an arrest, you need access to legal assistance and rehabilitation services. You need a lawyer who will advocate for you, and who understands addiction and its consequences. There are still people in the halls of justice who don’t understand that addiction is a disease. Darren Kavinoky, a renowned criminal defense lawyer and interventionist, understands what you’re up against and knows how to fight for your best interests.