Q: My son was arrested while on parole, he was found passed out near a stolen truck he has no memory of anything.
They also arrested him on identity theft and drugs that were found in the truck. He was on parole for 7 months and started using drugs again and that's his main issue is a drug problem that he needs help with is there any type of program that he could do partial prison sentence then go to a rehab or anything that would actually help him with his addiction ? They are offering him 7 years prison time.
A:
It depends ho many previous probation violations he has had. When someone is sentenced to probation, they are eligible for a sentence of up to 1 year in jail as a term of probation, or, they can be revoked to prison and sentenced under the mandatory sentencing scheme.
While it is possible for the judge to reinstate your son and give him another chance, it is also likely he could be revoked and sent to prison for a range of time. Getting him into a rehab program could go a long way to convincing the judge to give him another chance.
Depending on how much time he has already spent in jail, he could do a jail sentence and be released to rehab if the judge is willing to allow that. Most judges want proof that rehab transport directly from jail has already been arranged.
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