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Substance Abuse Experts can help with DUI / DWI cases, drug cases, domestic violence cases and other criminal cases in California.

Many people facing California domestic violence charges worry that jail is inevitable, but there are sentencing alternatives available that can reduce or even eliminate time spent behind bars. The offender may be allowed to substitute electronic monitoring, residential treatment, or another option for jail. The experienced DV defense lawyers at the Kavinoky Law Firm have extensive experience in helping domestic abuse defendants avoid jail.

California domestic violence laws include every type of couple - the individuals may be straight or gay and can be married, living together, divorced, be the parents of children, or merely have dated at any time.

Many domestic abuse incidents occur when the offender or the accuser, or both, are under the influence of alcohol and/or drugs. In these types of cases, a knowledgeable Substance Abuse Expert can be a crucial addition to the defense team. A skilled expert will thoroughly evaluate the accused offender to determine how great a role substance abuse played in the D.V. incident and whether a chemical dependency issue exists. The expert's recommendation can help persuade the court to consider alternative sentencing instead of jail.

One of the most common ways to avoid a jail sentence in a California domestic abuse case is through a skillfully negotiated plea bargain. Plea bargains involve admitting responsibility in exchange for a reduced charge, negotiated consequences, or both. By pleading guilty or no contest, a California DV offender may be sentenced to residential treatment, electronic monitoring, or informal diversion instead of jail.

Residential treatment is particularly appropriate in California domestic violence cases when the offender has issues with alcohol and/or drugs. Residential DV treatment programs range in length from 30 days to as long as a year or more. While in treatment, the offender will learn about tools to combat substance-abuse issues as well as prevent future incidents of domestic abuse. Time spent in treatment is typically credited against a jail sentence on a day-for-day basis.

Electronic monitoring is another form of alternative sentencing used in California intimate partner abuse cases. Electronic monitoring, also known as house arrest, requires the offender to remain at home except for essential travel such as court appearances and visits to a probation officer. The offender is required to wear an ankle bracelet equipped with a device that transmits information to a monitor inside the home. Any attempt to tamper with the device or violate the terms of house arrest will be communicated to authorities.

Informal diversion presents another opportunity to avoid jail in California DV cases. Many domestic violence offenses carry jail sentences, but judges have a great deal of discretion in imposing them, and can opt to sentence the offender to treatment instead. The judge may choose to send the offender to residential treatment, counseling, education classes, or any other appropriate option. If the offense involved drug or alcohol abuse, the judge may include attendance at Alcoholics Anonymous or Narcotics Anonymous meetings as well. An offender who successfully completes the treatment program mandated by the court will avoid a jail sentence if he or she adheres to the terms of probation.

Although many California domestic violence offenders are sentenced to jail, incarceration can be avoided through alternative sentencing. The skilled defense attorneys at the Kavinoky Law Firm are experienced in every aspect of California domestic abuse law, and fight hard to keep their clients out of jail. An experienced defense lawyer can answer any questions about sentencing alternatives in DV cases during a free consultation.