Criminal Law Questions? Ask a Criminal Lawyer.
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Has you son as an adult been convicted of any criminal charge ?
Have you pressed charges against your son ?
What state did the crime occur in ?
Your son would be charged with Grand Larceny in the 4th degree for taking a credit card. This is a class E felony punishable up to 4 years. The judge has substantial leeway and can provide a sentence of less than a year.
If your son has been previously sentenced to rehab it is unlikely a judge would repeat that option. Your son's attorney and the prosecutor can work out a deal. The fact that your son is a repeat offender could also influence the judge to issue a harsher rather than lighter sentence if not recommendation is negotiated with the prosecutor.
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Your son is not being charged with a drug offense he is being charged with theft. Rehab is not something that would be on the Judge's mind with respect to sentencing. This is a plea deal you would need to make with the prosecutor.
The shock incarceration program is something your son would have to apply for and be accepted into. Inmates can be placed in the program once they are within 3 years of release after serving a portion of their prison sentence in general confinement. A judge could not directly sentence an individual into the program.
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