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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 110506
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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if my grandson is in jail waiting for his court day Aug 2nd

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if my grandson is in jail waiting for his court day Aug 2nd for charges that he
stole for his drug addiction. if we bail him out and put him in a drug rehab
when he goes to court on that day will he have a better chance of not being
sentenced to jail?
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

When you state "he steals for his addiction only," it certainly does not help your grandson.

Is this his first time arrest or has he been convicted of theft before?

Has he been in rehab before?
Customer: replied 3 years ago.

he has 5 arrests pending for stealing that they have put together.

he had never been arrested prior to these charges.

yes he has been in rehab many times, he is now 22 and we would

like to see him in a long term rehab.

Thank you for your response.

I am sorry to hear about his previous record for thefts that they are charging together. This makes his case very difficult for his defense attorney. Putting him in rehab without a court order or plea deal for rehab I am afraid would not really help him with avoiding jail in these cases given the history of failed rehab attempts in the past.

You would need to get his attorney to negotiate with the prosecutor's office and the court for rehab as part of a sentence involving probation. If he has no prior convictions and these are the only 5 pending cases against him, because they are charging them together in one case, his attorney can get a first offender sentence negotiated, just going to be difficult because of the 5 charges, and because of his drug habit the court could agree that drug rehab would be part of his probation, but if he fails to complete it the court is not likely to accept any excuses and will put him in jail for the charges in most cases.

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Customer: replied 3 years ago.

if we bail him out and he is in rehab when he goes to court can the

judge say glad to hear that he is in rehab but he still has to go to

jail for his theft?>

we are so uncertain what whether we bail him out or wait until

august 2nd.

we really don't want to see him go to jail but go to a long term rehab.

Thank you for your response.

Yes, if you bail him out the court can say that they are glad he is in rehab but he would still have to go to jail. Your only chance to try to save him is to get his attorney to negotiate the rehab as a condition of bail, which is possible depending on the individual judge. What happens in that case would be the court would state he has to be in rehab as a condition of him being released from jail on bail and the court would then consider that time in rehab when considering his sentence in the case.
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