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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?

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