Alternatives to Jail & Sentencing
Los Angeles Drug Crimes
Frequently, California drug crime cases can be resolved without the necessity of jail or imprisonment in a state prison. Bradley S. Sandler is familiar with most innovative and honored alternative sentencing techniques. Please contact us if you have already been sentenced or are facing jail or prison arising from new charges. Below are sentencing alternatives to jail or prison:
Electronic Monitoring: Commonly called "House Arrest". "House Arrest" is a custodial punishment, whereby a defendant may live at home, while wearing an ankle bracelet that electronically monitors the whereabouts of the individual. Each Electronic Monitoring candidate is assigned monitoring conditions by the court. These monitoring conditions are forwarded to the Electronic Monitoring Company who supervises the individual wearer. The wearer is usually able to go to work or school within a given daily schedule.
Work Release: The Probation Department gives the Probationer a local work assignment, often at a police station. The Probationer works there during the day, and goes home at night to sleep. The Probationer will receive custody credits for participation in the program.
Work Furlough: Probationers continue to work at their current job and must return to a dormitory-style facility to sleep at night. They are released to go to work during the day.
City Jail: Also known as "private jail" or "weekend jail." Many local police departments operate a City Jail program. Many Judges will approve this form of custody time. Probationers arrive on Friday night and are released on Sunday night from the police station where the time is served.
Alcohol or Drug Rehabilitation: Sometimes a DUI or drug-related arrest is merely the unfortunate symptom of an underlying addiction issue. While this is certainly not the case in every instance, some people who are arrested for these types of cases can best address this as an alternative to jail. A skilled criminal defense attorney will know how to obtain this type of relief for their clients, and prevail upon a judge to allow this as an alternative to custody and fines.
Sober Living: Multiple offenders who have a drug or alcohol problem that has not been cured by prior treatment may be entitled to a sober living alternative. Sober living is houses for men and women, who are required to remain sober. Residents are usually required to attend a 12-Step meeting daily, participate in group counseling sessions, private counseling sessions and work around the facility.
Proposition 36: Non-Violent Drug Possession Offenses after July 1, 2001 allow for Proposition 36 sentencing. Prop 36 sentencing consists of probation and drug treatment. A defendant shall not be required to spend time in jail as a condition of probation. A Proposition 36 sentence requires one year of treatment and six months of either outpatient treatment, halfway house (sober living) treatment, narcotic replacement therapy, drug education or prevention courses and/or limited inpatient or residential drug treatment.
Those charged with possession for sale, production or manufacturing controlled substances DO NOT count as Non-Violent drug possession offenses, and Prop 36 relief is not available. One of the benefits to Prop 36 relief over Diversion is that it does not require a guilty plea; Prop 36 treatment is still available after a jury trial.
Drug Court: Drug Courts handle cases involving drug-addicted offenders by overseeing the defendant through supervision and a treatment program. Each jurisdiction has its own rules for Drug Court, however the common bond is supervision, treatment leading toward dismissal.
DEJ: Deferred Entry of Judgment also called "Drug Diversion" is governed by Penal Code Section 1000. It is a less stringent program than Proposition 36. Under DEJ, a defendant enters a guilty plea which is not entered as a judgment. If the defendant successfully completes the drug treatment program under DEJ, the charges will be dismissed.
