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

California drug laws seem to become stricter with every passing year, and the penalties are extraordinary harsh. Drug possession, sales, manufacturing and trafficking charges are punishable with large fines and lengthy jail or prison sentences. However, incarceration isn't an absolute certainty in California drug cases. Plea bargains can bring a favorable outcome in some cases, and alternative sentencing may be available that can reduce or even eliminate time behind bars. The skilled defense lawyers at the Kavinoky Law Firm can advise whether sentencing alternatives may be an option in each individual case.

A strong defense to a California drug case requires every resource available, and a knowledgeable Substance Abuse Expert is a valuable addition to the criminal defense team. A skilled expert will thoroughly evaluate the defendant to see whether the various types of alternative sentencing available in California drug cases are a likely substitute for jail time. An exhaustive evaluation by a respected Substance Abuse Expert can also pave the way for a favorable plea bargain.

Plea bargains are an especially good option when the prosecution has a very strong case and the defense is unlikely to prevail at trial. One possibility in a California drug case is an offer to reduce a felony to a misdemeanor in exchange for a guilty or no contest plea. This is generally an excellent opportunity for a drug defendant. Misdemeanor charges carry far fewer repercussions than felonies and have a lesser impact on the individual's life.

Alternative sentencing that helps the defendant avoid all or part of a jail sentence may be available in California controlled substance cases whether or not the defense brokers a plea agreement. In the past, there were few alternatives to jail in California drug cases, but the courts are increasingly recognizing that sentencing alternatives benefit both the defendant and society.

Residential treatment is one alternative to jail in California drug prosecutions. Not every drug offender has a substance abuse problem, but many do. Time spent in in-patient rehabilitation is typically credited against a potential jail sentence on a day-for-day basis. In treatment, the offender will receive counseling and attend Narcotics Anonymous or Alcoholics Anonymous meetings. Programs range from as few as 30 days to a year or longer, depending on the circumstances. An experienced Substance Abuse Expert can make a recommendation about the appropriate treatment in each case.

Electronic monitoring, also called house arrest, is another alternative sentencing option that can keep a convicted drug offender out of jail. Offenders sentenced to electronic monitoring must remain at home except to attend court hearings, 12-step meetings, and other approved absences. Compliance with house arrest is ensured with the use of an electronic device that's typically attached to an ankle bracelet. The device sends signals to a transmitter inside the offender's home that alerts authorities of any unauthorized absences. Any attempts to tamper with the device also will be recorded.

Obtaining a deferred entry of judgment, once known as drug diversion, is yet another alternative sentencing option in minor California drug offenses. A drug defendant who completes a deferred entry of judgment program will have the offense completely cleared from his or her record. Completing a deferred entry of judgment requires the offender to undergo a drug and alcohol assessment and complete 15 hours of counseling and classes over a six-month period.

Proposition 36 diversion is yet another option in California controlled substance cases. Prop. 36 was a ballot initiative passed by California voters in 2000 that allows individuals arrested on first- and second-time drug possession charges to avoid jail by completing treatment. Participants are eligible for up to one year of treatment and six months of aftercare. The defendant's drug charges will be dismissed upon completion of treatment.

Many individuals arrested on controlled-substance charges in California are eligible for drug court. Drug courts were developed to provide needed treatment for drug offenders outside of the traditional criminal justice system. Individuals in drug court must participate in a program that involves treatment, counseling, classes, drug testing, and attendance at Narcotics Anonymous meetings. If the offender completes the program as promised, the charges will be dismissed.

Many California drug cases are resolved through informal diversion. California law allows certain types of alternative sentencing to be credited against jail sentences on a day-for-day basis. A judge can opt to sentence an offender to treatment in lieu of jail in California criminal cases.

Fortunately, jail isn't unavoidable in many California drug cases. Many types of alternative sentencing are available whether or not a plea bargain is entered. The experienced defense lawyers at the Kavinoky Law Firm are extremely knowledgeable about the types of sentencing alternatives available in California drug cases and fight hard to keep their clients out of jail. A skilled attorney can answer any questions about alternative sentencing in controlled substance cases during a free consultation.