Is a judge more likely to sentence someone to rehab instead of prison if they are already in treatment?
Question Details: My ex has 2 felony charges for possession of heroin, 1 gram. He's in county jail waiting for his court date which is now 2 weeks away but is asking to be bailed out and put into rehab until then. He believes that by showing initiative and a desire to change, his chances are higher of a judge allowing him to stay in treatment instead of sentencing him to prison. Is there any truth to this?
Yes, there is truth to it as a very general rule: judges are supposed to look at factors such as the defendant's remorse, acceptance of responsibility, positive steps taken to change/improve his life, etc. in terms of setting sentences--including imposing alternatives to imprisonment. But that's a broad generalization: each judge is different. The judge your ex gets may take this into consideration or may not.