Judges have a great deal of latitude in deciding to sentence California criminal defendants to residential treatment or another form of alternative sentencing rather than jail. Time spent in treatment is typically credited toward a jail sentence on a day-for-day basis.

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

A knowledgeable Substance Abuse Expert is an essential member of the defense team in any case where informal diversion is a possibility. The expert will thoroughly evaluate the defendant to determine whether drug dependency contributed to the charged offense. If so, the defense team will argue that the defendant will benefit much more from residential treatment than from incarceration.

Residential drug treatment programs come in a variety of formats and can range from 30 days to as long as one year or more. Treatment programs include counseling, education, drug testing, and attendance at Narcotics Anonymous or Alcoholics Anonymous meetings. Successful completion of a residential substance abuse treatment program can equip drug offenders with the tools needed to address addiction issues.

The link between substance abuse problems and drug possession and sales cases is fairly straightforward, but drug problems can also be significant factors in many other criminal cases such as property crimes and domestic abuse cases. Many individuals with substance abuse problems exercise poor judgment or steal to support a drug habit.

Similarly, drugs and/or alcohol can cause a situation involving an intimate partner to escalate out of control. Often, a Substance Abuse Expert's report can help persuade the court that sending the offender to a residential treatment program will benefit the couple and help to prevent further episodes of domestic abuse.

Residential treatment programs for domestic violence offenders who abuse drugs and/or alcohol typically seek to address multiple issues at once - the offender will receive treatment for a substance abuse problem while also attending classes and counseling about domestic abuse issues.

Regardless of the type of charges the offender faces, it may be possible to avoid a jail sentence through informal diversion or another form of alternative sentencing. The experienced defense lawyers at the Kavinoky Law Firm work with the top Substance Abuse Experts and are well-versed in the issues surrounding informal diversion in California criminal cases. A knowledgeable defense attorney can answer any questions about the role of informal diversion in California drug cases during a free consultation.