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

 

 
 
 
 
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DV Informal Diversion
A conviction for certain California domestic violence offenses used to mean an automatic jail sentence, but that's no longer the case. Alternative sentencing such as informal diversion allows domestic abuse offenders to enter treatment instead of going to jail. The skilled defense attorneys at the Kavinoky Law Firm fight hard to protect their clients' rights and obtain informal diversion or another sentencing alternative that reduce or even eliminate a jail sentence.

California domestic abuse law has expanded to cover all forms of intimate partners - even individuals involved in an ongoing relationship can face DV charges. The couple may be married, divorced, living together, parents of children, or merely be currently or formerly dating.

Although jail may seem inevitable after a California DV conviction, judges actually have latitude in deciding whether to sentence certain criminal defendants to residential treatment or another form of alternative sentencing instead of jail. Defendants who receive informal diversion receive credit against a jail sentence on a day-for-day basis for time spent in residential treatment.

Informal diversion is often the best option for avoiding incarceration in cases where the defendant doesn't qualify for other forms of diversion such as Proposition 36 diversion, drug court, or a deferred entry of judgment because of prior convictions or the nature of the charges. Informal diversion is a real possibility for many California domestic abuse defendants who are ineligible for other forms of alternative sentencing and even in cases only peripherally related to controlled substances, such as domestic violence prosecutions.

Many domestic violence incidents occur after alcohol or drug use by either or both individuals causes a situation to spiral out of control. In these types of cases, a knowledgeable Substance Abuse Expert is an invaluable addition to the criminal defense team. A skilled expert may be able to persuade the court to send the offender to a residential treatment program rather than jail. Often, such treatment benefits both the individuals involved and the community by preventing further episodes of domestic abuse.

Not every individual facing a California domestic abuse case involving alcohol or drugs has a substance-abuse problem, but some do. For those DV offenders, a commitment to residential treatment can literally start a new chapter in life. Residential treatment programs for domestic violence offenders who abuse alcohol or drugs can address multiple issues simultaneously - the offender receives treatment for substance abuse issues and gets education and counseling about domestic abuse. Residential treatment programs for dual DV and substance-abuse offenders range in length from 30 days to as long as a year or more. Comprehensive treatment programs include counseling, domestic violence and substance-abuse education, drug testing, and attendance at Narcotics Anonymous or Alcoholics Anonymous meetings.

It may be possible to avoid jail in California domestic abuse cases with informal diversion or another form of alternative sentencing. The experienced defense lawyers at the Kavinoky Law Firm have access to top Substance Abuse Experts and thoroughly familiar with the informal diversion process in California criminal cases. An expert defense attorney will answer any questions about informal diversion in California D.V. cases during a free consultation.  

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