Is a judge more likely to sentence someone to rehab instead of prison if they are already in treatment?

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Is a judge more likely to sentence someone to rehab instead of prison if they are already in treatment?

My ex has 2 felony charges for possession of heroin, 1 gram. He’s in county jail waiting for his court date which is now 2 weeks away but is asking to be bailed out and put into rehab until then. He believes that by showing initiative

and a desire to change, his chances are higher of a judge allowing him to stay in treatment instead of sentencing him to prison. Is there any truth to this?

Asked on June 20, 2018 under Criminal Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, there is truth to it as a very general rule: judges are supposed to look at factors such as the defendant's remorse, acceptance of responsibility, positive steps taken to change/improve his life, etc. in terms of setting sentences--including imposing alternatives to imprisonment. But that's a broad generalization: each judge is different. The judge your ex gets may take this into consideration or may not.


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