The Benefits of Drug and Alcohol Rehab for Criminal Defendants in NYC

The Benefits of Drug and Alcohol Rehab for Criminal Defendants in NYC

Getting arrested for a drug or alcohol related crime can be scary. You may be facing jail time, fines, a criminal record, and other consequences. While the situation seems bleak, there is hope. Entering a drug and alcohol rehab program can help improve your circumstances and lead to a better future.

Rehab provides a way to get your life back on track and avoid harsh legal penalties. The criminal justice system in New York City recognizes that addiction is a disease. Judges, prosecutors, and lawmakers have implemented alternative-to-incarceration programs to help defendants overcome substance abuse issues.

How Rehab Helps Your Case

Completing rehab shows the court that your working to get sober and change your behavior. It shows your committed to treatment and serious about staying clean and sober. The judge will see your putting in the effort to improve yourself and may offer a more lenient sentence. You may avoid jail time, receive a reduced charge, or have the case dismissed entirely.

Prosecutors also look favorably on defendants who complete treatment. They may agree to drop charges or reduce sentencing recommendations. Some district attorneys offices have specific diversion programs that dismiss charges after a defendant finishes rehab.

In addition to the legal benefits, rehab provides important healing on a personal level. You’ll get therapy and counseling to understand what drives your addiction. You’ll learn healthy coping strategies to manage stress and triggers. Treatment empowers you to take control of your life.

Types of Rehab Programs

There are a few main types of rehab programs available in New York City:

• Inpatient – Live at a treatment facility 24/7 for 30, 60 or 90 days
• Outpatient – Attend treatment sessions during the day and go home at night
• 12-step – Focus on working the 12 steps of Alcoholics Anonymous or Narcotics Anonymous
• Dual Diagnosis – Specialized for people struggling with addiction and mental illness
• Luxury – Amenities like private rooms, spa treatments, nutritionists, exercise classes
• Faith-based – Incorporate spirituality and religion into the treatment approach

The level of care you need depends on factors like your drug of choice, length of use, mental health, and support system. An intake assessment will help determine the right program to address your needs. Many rehabs offer a mix of services like individual counseling, group therapy, medication management, and holistic treatments.

Finding a Rehab Program

Look for a licensed rehab facility that is experienced in treating court-ordered patients. The best programs have a proven track record of helping defendants achieve sobriety. They offer evidence-based therapies and customize treatment based on your unique situation.

Location is also an important consideration. For inpatient rehab, look for a facility near your home so its easier to transition back after discharge. If allowed to attend outpatient treatment, find a program near your neighborhood or accessible by public transportation.

Cost may also factor into your rehab decision. Many programs accept private insurance or Medicaid/Medicare. Non-profit centers often offer low-cost or sliding scale fees. There are also government funded programs available for qualified applicants.

Talk to your defense lawyer for advice on programs that work well with the courts. They may recommend ones that have relationships with the local justice system. The court may also give you a list of approved facilities.

Court Ordered Rehab Programs in NYC

Here are some of the main court ordered rehab options available to criminal defendants in New York City:

Drug Treatment Alternative-to-Prison (DTAP)

This is an alternative sentencing program where defendants plead guilty in exchange for completing 15-24 months of residential rehab instead of prison. It is only open to people facing non-violent felony drug offenses. Defendants live in therapeutic communities and participate in counseling, vocational training, and other services. Over 10,000 people have graduated from DTAP since its start in 1990.

Drug Treatment Court

Drug courts allow some defendants to enter rehab in lieu of incarceration. Participants undergo intensive supervision, frequent drug testing, and appear before the judge regularly. The programs last 6-24 months. Charges may be dismissed upon successful completion. There are drug courts operating in each NYC borough.

Court Employment Project

This program gives low-level misdemeanor offenders workforce development services as an alternative to jail time. Defendants undergo a short rehab program while gaining job skills. The program is only open to NYC residents charged with select misdemeanor crimes.

Prosecutorial Diversion

Manhattan DA Cy Vance and Brooklyn DA Eric Gonzalez have initiatives that divert defendants to rehab without requiring a guilty plea. Charges are deferred while individuals undergo treatment. Cases can be dismissed and sealed if they comply with the program and avoid re-arrest.

Treatment During Incarceration

Rehab services are also available while serving a jail or prison sentence. Correctional facilities offer substance abuse counseling, self-help meetings, and other clinical services:

• Rikers Island – Key Extended Entry Program (KEEP), Road to Recovery
• NYC Correctional Facilities – STEPS and STEPS-Reentry at Rose M. Singer Center, Nursery Program
• NYS Correctional Facilities – Willard Drug Treatment Campus, CASAT programs

These programs aim to treat addiction and prepare inmates for staying sober upon release. Some jails allow sentences to be split between incarceration and community rehab.

Finding a Defense Lawyer

Having an experienced criminal defense lawyer increases your chance of getting into rehab and avoiding harsh punishment. They advocate on your behalf and guide you through the legal process. Look for an attorney familiar with diversion programs and alternative sentencing options.

Public defender organizations like The Legal Aid Society and New York County Defender Services represent people who cannot afford a lawyer. But those with means should hire a private defense attorney. Their smaller caseloads allow more time for individual attention.

Overall, drug and alcohol rehab provides many benefits for NYC defendants struggling with addiction. It shows the courts your committed to sobriety and self-improvement. Completing treatment may lead to reduced charges or avoided incarceration. And the counseling empowers you to gain control over your substance use. Consider rehab as an opportunity to change your life for the better.

References

[1] New York State Unified Court System – Confronting the Cycle of Addiction & Recidivism

2
NY DCJS – Division of Criminal Justice Services – Alternative to Incarceration (ATI) Programs

3
New York Drug Treatment Court | NY Crime Lawyer Stephen Bilkis & Associates

4
NCBI – Treating Drug Abuse and Addiction in the Criminal Justice System: Improving Public Health and Safety

5
CrimeSolutions.gov – Program Profile: Drug Treatment Alternative to Prison (DTAP)