If someone initially rejects an offer of probation in an attempt to clean up a drug problem, once they kick their habit can they get released from prison and get probation back?

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If someone initially rejects an offer of probation in an attempt to clean up a drug problem, once they kick their habit can they get released from prison and get probation back?

She plead guilty to forgery and was given probation. However but she had no place to stay at the time and had a heroin problem. So she went on the run. After a few months she was picked up and went before the judge. She rejected probation at that time because she thought that was the best thing to do to kick the habit. She was giving 2.5 years. Now 6 months later she’s clean. Is there any way to get her back on probation, house arrest, parole or something other than prison? She is too good of a person to be locked up.

Asked on May 11, 2011 under Criminal Law, Arizona

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Unless you can find some reason to ask the court to set aside the sentencing in this matter - and I mean what ever legal basis that you can find - I am afraid that she is stuck with things the way that they are.  I would strongly urge you to go and seek help from a criminal attorney in the area and discuss with him or her the details of her state of mind and legal counsel at the time of the sentencing.  It seems to me that her attorney should have requested an alternative like a detox or rehab program that could have gotten her clean as a condition to probation.  If the program failed then jail time could have come up again but from what you said here, she cleaned up her act.  A program should have done the same thing.  Good luck.


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