The problem is that he has a prior record and has already been to prison, which means that the DA can treat him as a multiple offender, even though he is now in a rehabilitation program and this will generally mean he is looking at a jail term, especially since he was out on probation for an alcohol related offense and this is now a probation violation. The fact he is in rehabilitation would be grounds for at the very least a reduction of the sentence the court would sentence him to, but this depends wholly on the discretion of the judge as to whether or not they will agree to probation and continued treatment as a condition of probation in lieu of jail. It is however a good cause reason for his attorney to negotiate for a probation sentence on the condition of mandatory continued rehabilitation for certain. I am afraid though that without seeing the case file with the evidence and knowing how the DA feels about the case, it is impossible to be any more accurate about his chances on this.
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