Violations to court-ordered rehabilitation treatment can lead to serious consequences. The courts may determine that the person requires long-term care or some form of imprisonment based on their actions. The priority is to ensure that the person is not a danger to others or their own situation and that the consequences fit the problem.
Involuntary Drug Rehab
There are times when going to therapy for drug addiction is not a voluntary action. Many that enroll must do so to satisfy the court order attached to the program. Generally, involuntary drug rehab is an order given by the judge when the defendant lost their case and received a criminal conviction. The court-ordered drug rehabilitation program is a consequence of the penalties for the conviction. Additionally, there are severe penalties involved if the person violates the court-ordered rehab program. It could even lead to incarceration and fines.
Can a First Time Offender Go to Rehab?
When a person commits a crime, several possible outcomes include a conviction, a program, restitution, and counseling. For some, a drug rehabilitation program is an alternative sentence when convicted of certain crimes. When sentenced to this rather than jail or prison, the involved judge believes that it is better to keep the person away from prison or jail and serve a long-term rehabilitation instead of the standard incarceration period. If the convicted individual is a first-time offender, a peaceful and non-violent convict, or someone with a minor conviction, it is possible to receive this sentence.
Are you wondering if rehab is an option for you? Call Sudduth & Associates, LLC, about your case today!
Adult Drug Courts
The design in helping criminal offenders with relapses, addictions, or substance abuse problems exists in the adult drug courts. Through court-ordered treatment through monitoring, supervising, and providing incentives, support, and rehabilitation can occur. This type of court order is usually only available if the person is a non-violent criminal, a first-offender, or has a problem related to drugs or alcohol and did not commit a significant offense. This type of penalty rather than jail or prison usually directly connects to the possession or distribution of drugs. A lawyer can also suggest this sentencing rather than incarceration.
What Happens if you Violate a Court Ordered Rehab Program?
The person will have a sentence of drug rehabilitation or other rehab programs through a court order with the judge. Violations of the treatment program can occur at different stages and during various times of the program. It is possible to violate the order through nonattendance, skipping some portion of the treatment such as group counseling, and lacking involvement in getting better. The rehab facility is a safe place to get sober and remain that way. However, when violating the court order, this also removes the sanctuary option for the person. Violations can lead to serious consequences.
One consequence of violating the court order is the lack of peer support, relapse prevention, and behavioral therapy if the person loses the rehab program because of their actions. The very act of nonattendance with the rehabilitation program treatment is a violation of the court order. This leads to penalties that depend on different factors, including the type of violation incurred, the total frequency if more than one, the criminal history of the convict, time in treatment, and what behavior they exhibit when in the treatment program. The more violations that occur, the greater the penalties.
When a person commits multiple violations, they will suffer more significant consequences. However, these penalties are the sole decision of the judge. Some punishments are direct and extensive fines for the offense. Others are immediate incarceration in a local jail or state prison. Some judges will impose an increased sentencing time for the program and other actions against the person. If the violation is an accident or a conflict with schedules, the convicted person will need to explain this to the judge and remedy the situation. The judge may understand the matter and help find a way around the individual's problems.
Legal Support for Court-Ordered Violations for Rehab
When incurring violations for court-ordered rehabilitation programs, the individual will need legal support. The lawyer can present the issue to the judge and seek a resolution to the problem and attempt to seek the least possible damage to penalties. Depending on the situation, the lawyer can argue the case based on various conflicts leading to the violations.
Contact Sudduth & Associates, LLC, today for a consultation!