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The state (prosecutor) wants jail, can I do rehab instead?

There are situations where a defendant in a criminal case can convince the state (prosecutor) to allow the defendant to enter into a residential rehab program rather than jail. It will usually depend on the amount of priors (criminal history) and the criminal charge of the defendant. Generally, this would be worked out during plea bargaining (negotiations with the state).

The state is usually more amenable to allowing rehab instead of jail if the underlying charge involves substance abuse. For instance, the state is usually amenable to allowing rehab instead of jail for driving under the influence (DUI) or drug possession charges. It may also be possible to get jail credit for theft charges or any other charge where there is an indication of substance abuse.

Call an attorney at Soler and Slack, P.A. at (941) 444-5128 to set up a free consultation to discuss how to best proceed with your case.

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