August 27, 2020

[How To] Get Court Ordered Rehab in Arizona

Addiction affects millions of people and can often create behaviors that take a toll on the addict and their family. Facing possible jail time can be scary, mainly if it is for a drug-related offense. Instead of treating the addiction itself, authorities often send you to prison. However, going to jail can make matters worse. The worst outcome being an overdose or other violence. Addicts in jail may find themselves trapped in a vicious cycle once they fall into criminal activity. Fortunately, there are options for getting out. Court-ordered rehab can be an effective way to get you or your loved one back on track.

Arizona has specific requirements you must meet before presenting your argument to the judge. Primarily, Arizona drug courts want proof of the addiction. Also, they want to understand how it links to the crime you did. It is never too early to get educated on your options. Understand that this is a predicament you do not have to handle alone. We can help you determine why rehab may be the best option for you. Also, work with a specialist on designing a thorough plan to present to the judge. Call us today at 623-263-7371.

Content

Drug courts do not have to be complicated. Continue reading below for more information about court-ordered rehab in Arizona.

Understanding Drug Courts
Eligibility for Drug Court
How Effective is Legally Mandated Treatment?
Arizona Involuntary Commitment
Consequences for Drug Violations
We Can Help You Find Treatment

[How To] Get Court Ordered Rehab in Arizona

Understanding Drug Courts

If this is your first time in a legal situation, you may be wondering what exactly an Arizona drug court entails. Let us take a look at what they are and how they work. According to AZcourts.gov, Drug Courts are voluntary programs. They are for individuals charged with or convicted of drug-related crimes. Drug courts can serve as an alternative to a regular criminal conviction.

Arizona currently has nine adult Drug Courts and three, “driving under the influence” (DUI) Courts. As many locals know, Arizona has some of the harshest DUI laws, so if this applies to you, it is a good idea to evaluate treatment options as you work through your case.

Drug Courts are typically a defense attorney, judge, prosecutor, probation officer, and a treatment provider. These members collaborate to design a treatment and counseling plan appropriate for the offender. They also ensure that incentives and sanctions are in place to help combat the addiction and reduce the chances of relapse.

If you have done all you can to help yourself and a family member, this can be an option that inspires change in your loved one. Instead of your addiction being a crime, it can be the disease it is.

In short, drug court is the voluntary alternative to a criminal conviction. Using multiple resources, drug court allows addicts to treat the addiction that led to your arrest. Next, we will discuss what you must do to qualify for drug court.

Eligibility for Drug Court

Qualifying for court-ordered rehab depends on a few factors. You first must have a recognized drug addiction that played a role in your criminal offense. Typically, this offense cannot be violent or sexual in nature. The process for each treatment court also varies. Many will let you qualify for the program only after pleading guilty.

Individuals that are currently on probation also can qualify for certain drug treatment services. These individuals can take advantage of opportunities like counseling and education. Once you have been found eligible for court-ordered rehab, there is another set of rules you have to follow. These rules include abstaining from drugs and alcohol and following any other rules ordered by the judge.

If you or your loved one successfully completes this program, then the conviction is often reduced. Another perk is that probation terms are also often suspended following completion of a court-ordered treatment program.

How Effective is Legally Mandated Treatment?

It is understandable to think that if you or your loved one failed to pursue treatment before an offense that an involuntary treatment would be ineffective. Ultimately though, research shows that not only can court-mandated treatment be useful but also that it has very similar outcomes to voluntary treatment. Mandatory treatment is treatment ordered, motivated, or supervised under the criminal justice system. Required treatment differs from drug court in the sense that it is not optional. When faced with a conviction, the judge may decide that this type of therapy is the only option.

In the case of recovery, a little pressure can sometimes be a good thing. According to DrugAbuse.gov,

A large percentage of those admitted to drug abuse treatment cite legal pressure as an important reason for seeking treatment. Most studies suggest that outcomes for those who are legally pressured to enter treatment are as good as or better than outcomes for those who entered treatment without legal pressure. Individuals under legal pressure also tend to have higher attendance rates and remain in treatment for longer periods, which can also positively impact treatment outcomes.

Jail time does not have to be a consequence of your addiction. With outcomes similar to standard treatment, it is worth considering this option. You may want to consider consulting your legal team and family to push for a court-ordered treatment instead of sentencing.

Arizona Involuntary Commitment

Can you force someone to go to rehab? Perhaps you are not an offender but instead looking to get someone you care about professional help. You may not know this, but thanks to Arizona Involuntary Commitment, you can get someone into rehab without their agreement. Arizona law dictates the allowance of assisted outpatient treatment (AOT) by court order.

For them to qualify for Arizona involuntary commitment, the law requires that the individual meet one of the criteria listed below:

They are a danger to themselves
They are a danger to others
Unwilling or unable to accept voluntary treatment
Persistently or acutely disabled
Gravely disabled

Similar to voluntary court-ordered treatment, you must prove that this individual has an addiction. Another hurdle to be aware of is that you need proof of the violent act or debilitation. Ultimately though, the best method is to form an agreement with your loved one and create a plan together to bring to the court. If you are struggling with staging an intervention or getting help, give us a call.

Court-Ordered Rehab and the Consequences for Drug Violations

Now that you know a court-ordered rehab is an option, here is a summary of your options.

Involuntary Drug Rehab

There are times when going to therapy for drug addiction is not a voluntary choice. Many that go must do so to satisfy the court order attached to their program. Typically, the judge issues involuntary drug rehab when the defendant has lost their case and has a criminal conviction. The program is part of the penalty. Additionally, there are also severe penalties if the individual violates the program. Violation of this order could lead to incarceration and fines.

Alternative Sentencing

When you commit a crime, several possible outcomes are possible. For instance, a conviction, a program, restitution, and counseling are all potential outcomes. For some, a drug rehab program is an alternative sentence for certain types of crimes. When you are sentenced to this rather than jail or prison, it is because the judge believes that it is better to keep you away from prison or jail and serve a long-term rehab instead of the average incarceration period. If you happen to be a first-time offender, a non-violent convict, or someone dealing with a minor conviction, you could receive this sentence.

Adult Drug Courts

Adult drug courts are to help criminal offenders that have relapses, addictions, or substance abuse problems. Through court-ordered treatment, including monitoring, supervising, and providing incentives, proper rehab can occur. This type of court order is typically only allowed if you are a non-violent criminal, a first-offender, or have a problem related to drugs or alcohol and did not commit a significant offense. This type of penalty is in connection with the possession or distribution of drugs. Your lawyer can also suggest this sentencing rather than incarceration.

We Can Help You Find Treatment

It is worth fighting for yourself or those you love when facing a criminal conviction. This treatment leads to many of the same outcomes as voluntary treatment. It could be an excellent option for you if your offense were minor or nonviolent. Another benefit of drug treatment is that it treats the disease as a disease instead of a crime.

Far too often, individuals are fighting two wars, juggling the addiction itself and the unfortunate outcomes it makes. The criminal justice system must continue to cater to those dealing with this illness. Yet, it is essential to remember that if drug court is the route you want to take, you need to fully commit to your recovery.

The last thing you want is to end up in more trouble. Ensure that when you are crafting a plan to take to the judge, you are ready to tackle sobriety. Not following through on the order you request for voluntary treatment can land you a fine or a prison sentence. Collaborating with your legal team and family is key to crafting an excellent plan to present to the judge.

This plan should be detailed, thorough, and address the Arizona qualifications. Remember, the journey is not over once you make it past the courts. You must continue to abide by the rules discussed in your order.

Finally, if you face a conviction and need help laying out a plan to bring to the court, please give us a call at the number below. We can assist you in determining every detail necessary and ensure you educate yourself on the process. Call today!