Legal Question in Criminal Law in California

outpatient drug rehab after warrant arrest

My husband was given prop 36 but we were kicked out and moved somewhere else. They could not transfer it over there so we moved back. He was trying to follow through programs but had problems finding a babysitter and so after 3rd time failing because he had alcohol, the judge stated he turn himself in, do a little time and go to rehab. He did not and so recently he was arrested for the warrant. He has another court date because he rejected bargain of doing 16 months with half time and he would like ask for another chance with prop 36 and do residential rehab. Do you think the judge would allow him to try an outpatient program under the strict supervision of a doctor instead of doing the residential rehab is trying for?


Asked on 8/30/06, 1:39 am

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: outpatient drug rehab after warrant arrest

Not likely. Your husband failed to complete his outpatient program, violated his terms of release and ignored a court order to go to rehab. Why would the judge now sentence him only to another outpatient program?

The odds of your husband walking out of his next hearing a free man are very slim. The prosecutor's offer is based on a realistic assessment of your husband's position. Your question is based on wishful thinking.

Your husband's plan to request diversion and a residential program probably won't get him very far. The judge gave him precisely such a sentence the last time and he just blew it off. When that happens, the judge usually imposes a harsher sentence the next time around.

If your husband doesn't have one already, he needs to get a lawyer right away.

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Answered on 8/30/06, 2:00 am
Rabin Nabizadeh Crime Attorneys Inc.

Re: outpatient drug rehab after warrant arrest

It may be worthwhile to find out if a "drug court" program is available. It is a strict program and sometimes the DA or the court will allow those who fail in prop 36 to enrol in drug court.

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Answered on 8/30/06, 1:48 pm


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