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No Jail - Alternative Sentencing

Choices to detention in Riverside include alcohol and drug rehabilitation and sober living environments, electronic examination and house arrest, work release and work furlough, community service, Cal-Trans work, graffiti removal, and many more. There are pros and cons to each, and a knowledgeable California DUI attorney can assist you decide which is best, and make certain that these selections are available to you.

Time spent in an alcohol and drug rehabilitation center, or a sober living environment, is explicitly authorized by the Penal Code. It is shocking how few criminal defense trial lawyers understand the operation of Penal Code Section 2900.5, and that even fewer criminal defense attorneys avail themselves of this section for the benefit of their clients.

Riverside Penal Code Section 2900.5 authorizes time spent in a treatment office building or sober living to be credited upon a term of detention in all felony and misdemeanor convictions. This is accurate where both pre-sentence credits and post-sentence credits; this means that alcohol psychotherapy environments or sober living environments are selections to pursue while the case is awaiting, or after sentencing.

Even in cases where obligatory jail time is set, Penal Code Section 2900.5f overtly allows time spent in alcohol rehabilitation programs to satisfy these mandatory smallest jail terms.

The office building in Riverside must be "custodial" (which includes psychoanalysis facilities, halfway houses, and sober living environments), and that the custody be due to the proceedings about the same conduct for which the defendant has been accused or convicted. Consulting a qualified California criminal defense trial lawyer with knowledge in sentencing choices will be able to help you in deciding the proper alternative sentencing option that will be best in the particular case.

Electronic checking or house arrest is another sentencing choice that may be available. Because many of the electronic checking programs now include alcohol testing, courts are more and more allowing these sentencing choices, especially because the jail overcrowding which is pandemic in many counties.

There is characteristically a cost associated with electronic monitoring or house arrest, and this is typically on a sliding score based on the defendant’s ability to pay. Just as with other forms of alternative sentencing, must check with with a criminal defense attorney who is knowledgeable in all aspects of different sentencing. Darren Kavinoky is just such a criminal defense legal representative, whose practice is entirely committed to criminal defense matters. Please call upon us for a meeting in Riverside at no cost or requirement to explore your choices.

 

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