Feb 22, 2022
Addiction and substance abuse are huge problems worldwide. Unfortunately, abusing substances can often lead to social misconduct and unacceptable behaviors, including committing a crime. We can see a large number of DUIs and crimes committed under the influence.
That’s when addiction doesn’t only harm the individual, but other people, too. It’s also where court-ordered rehab comes into play.
Here are all details about this treatment that could inspire a positive change!
What Is a Court-Ordered Rehab?
This treatment serves as an alternative to incarceration. The judge can issue court-ordered rehab when they believe this approach is more beneficial than jail time. The idea behind these treatment programs is to help the individual deal with addiction and prevent future problems.
The statistics indicate that persons under the influence of alcohol or drugs often commit crimes. DUIs, domestic violence, and property crimes are the most common categories.
Substance abuse can lead to criminal incidents, but it’s also a public health matter. It’s why the experts suggest involuntary rehab can be a successful alternative sentence for these offenders.
What Are the Different Types of This Rehab?
The law recognizes two different paths to receiving court-mandated rehab. The first one features criminal cases, which is when the offender faces potential jail time. It’s up to the judge to decide and recommend rehab instead of incarceration.
California is among the states that implemented involuntary commitment laws. That opens another path to rehab in this territory. It gives a family member an option to file a petition to see if their loved one meets the criteria required to get this treatment.
Orders for Rehab in Criminal Cases
Substances like alcohol or drugs play with our minds. Many offenders would never commit a crime if they were sober. But if they are under the influence, that increases the chances of illegal action. For example, if someone is a drug addict, they might have an extreme craving. It could lead them to steal money or attack someone to get money for drugs.
After the person gets caught, the judge will assess the case. Many judges are open to issuing a court-ordered drug treatment instead of incarceration. If it’s the first crime that person committed or they get a trustworthy criminal defense lawyer, it increases the odds of getting this alternative sentence.
Emergency Orders for Drug Rehab
Who’s the first one to recognize that an individual has a problem? It’s family members, close friends, or a loved one. The option to push for an emergency order for involuntary rehab gives an option to the family to act before an addict commits a crime.
It’s possible to get an emergency order for rehab in California. Here is how the process works:
- You submit a petition to the relevant court. Make sure that you actually believe the person really requires a court-ordered treatment.
- The person will be assessed. Any evidence and testimonies will be presented to the judge. They look for proof that the person’s mental health is poor, they lack self-control, or they pose a danger to themselves or others.
- The court decided to hold the individual for involuntary assessment. The addiction treatment the judge orders can last up to 60 days.
Who Is Eligible for Rehab in California?
If we are talking about criminal cases, first-time offenders have a high chance of getting rehab instead of jail time. Therefore, the judge will analyze all relevant factors before recommending drug rehab California treatments.
These include:
- Type and severity of the crime. Non-violent crimes often motivate judges to consider recommending a rehab program.
- Violation frequency. First-time offenders have higher chances of qualifying for court-mandated rehab. If it’s a repetitive crime, you could be facing incarceration or prosecution.
- Substance abuse led to the crime. If abusing drugs or alcohol led to the criminal act, it could serve as a ground for alternative sentencing.
- Qualification for probation. If a probation sentence is possible, it could include drug rehab.
The court needs to be convinced that the offender could benefit from rehab. That’s why it can help to have a skilled drug lawyer with years of experience by your side.
How Long Is Court-Ordered Rehab?
The judge will decide the length of court-ordered treatment. However, the rehab cannot be longer than 60 days. Some offenders find that enough time to start thinking rationally. They could even decide to continue the rehabilitation to achieve complete sobriety.
Doctors and professional counselors might recommend earlier rehab releases. However, the court also has the right to prolong their initial order. They usually do that if they get negative testimony from relevant experts for that case.
Can You Refuse Court-Ordered Treatment?
It’s theoretically possible that your specific treatment breaches your constitutional rights. For example, that happens if the court orders you to attend a drug addiction program based on religion. If you believe that’s your situation, don’t hesitate to contact attorney experts in that area.
But if that’s not the case, you can only refuse involuntary rehab to switch it for other legal penalties. The only possible alternative might involve prosecution or jail time. That makes these treatments the best legal option and not only a potentially wise choice for your long-term health.
Who Pays for Court-Ordered Rehab?
The person who received the order is the one that needs to pay for the treatment. Some insurance plans might cover a portion of expenses or the whole program. You also keep the right to pick the facility where the rehab will occur. Some national institutes might offer subsidized, or reduced payments that ensure the offender can cover the costs.
It’s vital noting that a team of professionals will monitor you during the treatment. That includes healthcare providers and legal professionals. The idea is to ensure you comply with the order but also to provide a useful therapeutic experience.
Is Involuntary Rehab Effective?
A study published in 2006 revealed that involuntary rehab is every bit as effective as voluntary treatments. That’s encouraging, as well as the fact that these programs have a higher attendance percentage overall.
The motivation for rehab might be lower, especially in the beginning. However, the long-term success results are encouraging. Involuntary treatments have similar abstinence and employment rates to voluntary programs.
How to Choose a Court-Ordered Treatment Program
Your selection of available facilities will depend on the court order. The system aims to identify the best treatment for every individual.
That could include:
- Accelerated pretrial rehab program. These are for non-violent crimes and first-time attendees of these treatments. The offender can get charges dropped if they finish the rehab successfully.
- Educational programs. It’s the most common program found in court orders. It’s because it’s affordable, but also because it’s a frequent choice for DUIs and similar alcohol-caused crimes. You might qualify for sealing court files after completing this program.
- Group counseling. You’ll often find this rehab works on the famous 12-step model to fight addiction.
- Residential counseling. This is a demanding program for alcohol and drug offenders. You might find this program in large prison systems.
- Detox and inpatient rehab programs. If the court issues, you’ll need to stay in a detox center under medical supervision. Another option is an inpatient facility that replaces a harsh sentence or incarceration. You might get community service hours as part of your punishment.
Apart from this, you can consider the location and cost of the facility. You can even look for other features offered by a particular treatment facility to ensure they meet your needs.
Frequently Asked Questions: Court-Ordered Rehab in California
What is the difference between court-ordered rehab and voluntary rehab?
Court-ordered rehab is mandated by a judge as an alternative to incarceration, while voluntary rehab is sought by the individual on their own. The key distinction is that refusing court-ordered treatment unlike voluntary rehab results in legal consequences, typically prosecution or jail time. Research shows that involuntary rehab produces similar long-term outcomes to voluntary treatment in terms of abstinence and employment rates.
Who qualifies for court-ordered rehab in California?
Eligibility is determined by the judge and depends on several factors: the type and severity of the crime, whether it was a first offense, whether substance abuse directly contributed to the criminal act, and whether the defendant qualifies for probation. Non-violent, first-time offenders have the strongest chance of being offered rehab as an alternative sentence.
Can a family member request court-ordered rehab for a loved one in California?
Yes. California’s involuntary commitment laws allow family members to file a petition with the court requesting an emergency order for drug or alcohol rehab. The court will assess whether the individual poses a danger to themselves or others, has poor mental health, or lacks self-control due to substance abuse. If approved, the court can order treatment for up to 60 days.
What happens if you refuse court-ordered rehab in California?
Refusing court-ordered rehab means giving up the alternative sentence and accepting the original legal penalty which typically means prosecution or jail time. The only exception is if the specific treatment ordered violates your constitutional rights, such as being required to attend a religiously-based program. In that case, an attorney can petition the court for a different form of treatment.
Who pays for court-ordered rehab in California?
The person ordered into rehab is generally responsible for the cost. However, some health insurance plans cover part or all of treatment expenses. You also retain the right to choose the facility where treatment takes place, and some national programs offer subsidized or reduced-cost options for those who cannot cover the full cost independently.
Feb 22, 2022
All defendants in criminal cases have the right to representation by a lawyer. Criminal cases are the only instance where a court will appoint a lawyer to help you exercise your rights; defendants in civil lawsuits are not guaranteed professional legal representation.
In the case of financial misconduct, civil and criminal wrongdoings overlap substantially. For example, victims of fraud have the right to sue their scammers for damages in the amount that the scammers stole from them, whether or not any criminal charges are filed in connection to the matter.
If there are allegations floating around about shady dealings on your part or on the part of businesses you control, it is a good idea to consult a lawyer to find out the best way to protect yourself even if no civil or criminal cases have officially begun and the accusations are still only on the level of social media rumors. If, however, you have formally been charged with wire fraud or tax evasion, you need a Los Angeles federal criminal defense attorney.
More Trouble Ahead for Fatburger Bigwig?
FAT Brands is a Beverly Hills-based company that franchises several popular restaurant chains, including Fatburger, Round Table Pizza, and Johnny Rockets. Its CEO Andrew Wiederhorn is no stranger to Hollywood glitz, being related by marriage to several reality TV personalities and Internet-famous folks. He is also no stranger to fuzzy financial records and run-ins with the law. In the mid-2000s, he served a 16-month prison sentence in Oregon after pleading guilty to filing a false tax return. After his release from prison, he moved to California for a new start.
While he has not been charged with any crimes in California, the FBI is conducting an investigation into alleged securities and wire fraud, money laundering, and attempted tax evasion on Wiederhorn’s part. The FBI is investigating allegations that Wiederhorn and his family members took out millions of dollars in loans from his companies in order to reduce the companies’ tax obligations. Several credit card charges in the hundreds of thousands of dollars, for luxury items and legal fees for Wiederhorn and members of his family also raised red flags.
In December, the FBI raided the home of Wiederhorn’s son Thayer and daughter-in-law Brooke, whose mother Kim Richards appeared on the Real Housewives of Beverly Hills television show. The purpose of this investigation is to determine whether there is enough evidence to charge Wiederhorn with a federal crime such as wire fraud or tax evasion. Even if Wiederhorn gets criminal charges, he will have the presumption of innocence until he enters a guilty plea or is convicted at a jury trial.
Contact the Manshoory Law Group About Federal Financial Crimes Defense
A Los Angeles criminal defense lawyer can help you if you are facing charges for tax evasion, wire fraud, money laundering, or another financial crime. Your initial consultation is always free, so contact us at the Manshoory Law Group in Los Angeles, California, or call (877)977-7750 to discuss your case.
Feb 8, 2022
Many cases of identity theft involve defendants stealing victims’ personal identifying information and obtaining credit cards in the victims’ names. If anything, credit card companies are overly eager to flag individual purchases as fraudulent, but they are less skilled at telling whether or not they should issue a credit card to the person on the other end of the phone line or web portal.
No sooner do you swipe your card at Chateau Marmont, when Master Card sends you a text message that might as well say, “Are you sure that was you? You seem more like an In-N-Out Burger kind of guy.” Even though credit card fraud is one of the easier crimes to pull off, it does not mean that the legal consequences for it are not serious. If you are being accused of making unauthorized purchases by using someone else’s personal identifying information, contact a Los Angeles identity theft lawyer.
Court Orders “Million Dollar” Jones to Pay More Than Half That Amount in Restitution
Beginning in November 2016, Trace Jevon Jones, who goes by the nickname “Million Dollar” began to obtain people’s credit card information, although news sources and the Department of Justice website do not indicate how he did this. Jones and five co-conspirators would contact American Express and impersonate the cardholders, claiming to need replacement cards. When American Express issued them replacement cards, they bought luxury items such as handbags, jewelry, and shoes from Los Angeles area stores such as Barneys, Gucci, and Goyard.
By 2019, the FBI had uncovered the scheme, and when officers arrested Jones in downtown Los Angeles, he was experiencing homelessness. Jones pleaded guilty in September 2020 to aggravated identity theft and conspiracy to commit bank fraud.
As of February 2022, five of the six defendants have received sentences:
- Jones, 33, was sentenced to 48 months in federal prison. He must also pay $521,128 in restitution to American Express, which reimbursed its customers for the defendants’ fraudulent purchases.
- Terry Ellis, Jr., 40, of Chino, was sentenced to two years in federal prison.
- Davion Raymone Ellis, 32, of Eastvale, was sentenced to three years in federal prison.
- Cherelle Daire Beal, 31, of Eastvale, was released from jail after receiving credit for time served and is now serving a three-year sentence of supervised release.
- Miranda Clare Hensley, 31, of Las Vegas, received the same sentence as Beal.
- Jonathan Randall Ross, 33, of Canoga Park, has yet to receive a sentence.
News outlets did not include any details about the role of each co-conspirator in the case or about any plea deals or other circumstances that could have led to the variety in their sentences.
Contact the Manshoory Law Group About Financial Crimes Defense
A Los Angeles criminal defense lawyer can help you if you are facing criminal charges for identity theft, credit card fraud, or another financial crime. Your initial consultation is always free, so contact us at the Manshoory Law Group in Los Angeles, California, or call (877)977-7750 to discuss your case.
Jan 27, 2022
More than half of defendants in criminal cases plead guilty to their charges, and if you have never been formally accused of a crime, you might wonder why so many people plead guilty. Cases where defendants plead guilty to crimes they did not commit happen much more often than you might imagine. In some cases, defendants plead guilty because police, prosecutors, or even public defenders bully them into it, such as by convincing them that the jury will never believe them even if they tell the truth or that the judge will never allow the defendant’s attorney to present evidence that indicates the defendant’s innocence, or at least casts doubt about the defendant’s guilt. In other instances, though, a defendant pleads guilty to a crime, because the crime they actually committed is even worse, and through a plea deal, the prosecution agrees to drop other charges if the defendant pleads guilty to the lesser crime. Likewise, the sentences tend to be lighter in cases where defendants plead guilty than those where they are convicted at trial. If you have been offered a plea deal for a drug offense, or if you want to know if it is possible to seek one, contact a Los Angeles drug crimes defense lawyer.
Victorville Man Gets Plea Deal After Drug Bust
In December 2021, Ismael Barbosa was staying at the Extended Studio Hotel at Victorville, and police began to suspect that he was selling drugs out of his hotel room. ON December 22, police executed a search warrant of Barbosa’s room, and they found two firearms without serial numbers, as well as fentanyl, methamphetamine, ammunition, drug packaging materials, and large amounts of cash. Barbosa was not in his room at the time; he was out driving, and police pulled his car over at a traffic stop and arrested him.
After the arrest, prosecutors charged Barbosa with transporting and selling controlled substances and possession of a firearm by a convicted felon. Barbosa pleaded not guilty to those charges, but after prosecutors offered him a plea deal, he withdrew his plea of not guilty. In January 2022, he pleaded guilty to possession of a controlled substance while armed with a loaded firearm. A judge sentenced him to two years of incarceration in the California Institution for Men in Chino. Before entering the plea of no contest, Barbosa, 28, had been at the High Desert Detention Center in Adelanto. The judge had set his bail amount at $150,000, but Barbosa did not post bail. The Daily Press website did not specify when, if at any time during his sentence, Barbosa will become eligible for parole and whether the time he spent in jail before his sentencing will count toward his sentence.
Contact the Manshoory Law Group About Drug Crimes Defense
A Los Angeles criminal defense lawyer can help you if you are being accused of possessing or distributing controlled substances. Your initial consultation is always free, so contact us at Manshoory Law Group in Los Angeles, California or call (877)977-7750 to discuss your case.
Jan 18, 2022
The federal law considers a Schedule 1 drug the one that comes with a high potential for addiction and abuse. It’s also a substance that doesn’t have an acceptable safety level to use under medical supervision or accepted medical treatment in the United States at all. Finally, you can’t get a prescription for these drugs.
In this article, we are focusing on discussing the list of Schedule 1 drugs and related Californian law implications. Here is what you should know about using these substances and potential penalties in California!
What Are Drug Classifications?
These are federal drug classifications, which relevant experts designed after serious consideration. Here is the overview of the categories:
- Schedule 1 substances. We’ll focus on Class 1 drugs in this guide. It’s vital to mention that marijuana has a special status in California, although it belongs in this group.
- Schedule 2 drugs. Morphine, cocaine, and methadone are in this category. They have a high addiction risk but come with accepted medical use with certain restrictions.
- Schedule 3 drugs. Codeine, anabolic steroids, and barbiturates are in this class. The US federal law approves medical use, but it can lead to high psychological and moderate physical dependence.
- Schedule 4 drugs. Xanax and Valium are the most famous examples of these substances, which can lead to limited dependence.
- Schedule 5 drugs. This class has the lowest risk of abuse or addiction, such as a cough medicine that contains some codeine.
What Is a List of Schedule 1 Drugs?
We already answered the question, “what is a Schedule 1 drug?” These substances come with a high risk of abuse and addiction. Here is a detailed overview of the drugs in this class.
Heroin
This powder is a highly addictive drug coming from the opium poppy plant. It’s a couple of times more powerful than morphine. You can snort, smoke, or inject it for potential pain relief and a euphoric feeling. Unfortunately, the abusers often aren’t aware of the drug’s actual power, which might be the reason behind overdose cases.
LSD
Lysergic acid diethylamide is a full name that most users probably aren’t familiar with at all. It’s a synthetic hallucinogen, which often alters our minds in positive or negative ways. LSD affects your ability to make rational decisions, and you can experience flashbacks or anxiety after using it.
Marijuana
The answer to the question “is marijuana a Schedule 1 drug,” is yes. It’s because you have a high risk of getting addicted. However, Californian law approves cannabis products for both medical and recreational use. There are certain limitations, which are also mentioned in the federal law. For example, the federal regulations mention that cannabis products with a THC quantity of up to 0.3% are legal.
Mescaline
The other name is peyote, and this is another hallucinogen. Unlike LSD that comes from a fungus, this one is derived from a cactus plant. Visual hallucinations and euphoria are what the users experience after taking it. The side effects are vast and include psychosis, tremors, anxiety, and tachycardia.
MDMA or Ecstasy
MDMA is another synthetic drug with psychoactive properties. It’s a hallucinogen that comes with many side effects, especially with consistent use. That includes depression, losing focus, fatigue, etc. High doses of MDMA can lead to hyperthermia, which could cause organ failure.
GHB
This is an abbreviation for Gamma-Hydroxybutyrate, which you might also know as the date rape drug. It is a CNS depressant many put in alcoholic drinks. Users experience a sex drive boost and euphoria. However, that also comes with side effects like hallucinations, nausea, sweating, and even coma. GHB has been in the Schedule 1 Drug class since 2000.
Psilocybin
If you heard about magic mushrooms, that’s what psilocybin is. This compound comes from mushrooms, and it is a hallucinogen. It can result in a bad trip, which can lead to horrifying experiences after consuming the drug. Although some clinical studies were performed, this is still a Class 1 drug.
Synthetic Marijuana and Analogs
It’s been on the US market since the 2000s. The idea is to duplicate the effect of marijuana, or THC, which causes the psychoactive effect. Synthetic cannabinoids can be harmful and cause tachycardia, hypertension, hallucinations, and anxiety. Some users even reported severe bleeding after taking these compounds.
Methaqualone
This is another synthetic that acts as a CNS depressant. It was popular in the US before the DEA outlawed it in 1980. Also known as quaaludes, this drug induces drowsiness and acts as a sedative-hypnotic. This drug comes with a wide range of side effects, which is common for Schedule 1 substances.
Khat
These are plant leaves that you can chew. They deliver euphoric and psycho-stimulant effects, which can help to deal with fatigue or as a mood booster. However, there are adverse side effects, such as constipation, CNS, metabolic, and respiratory problems.
Bath Salts
These are not the products you use in the bathroom. Instead, these are synthetic cathinones that can lead to dangerous intoxication. Users resort to them as a cheap replacement for cocaine, but they can lead to severe panic attacks, insomnia, and violent behavior. Bath salts are particularly dangerous in high doses.
Why Is Marijuana a Schedule 1 Drug?
If you are wondering “what class drug is a weed in,” the answer is the first. It indicates that marijuana has a high risk of addiction and abuse. However, California law has a special treatment for marijuana.
According to the local regulations, it’s legal to possess up to 28.5 grams of cannabis. That converts to about an ounce of this plant material. The limit for concentrated cannabis is eight grams.
There are some other strict regulations implemented by the Californian law:
- If you are younger than 21, you can’t possess any amount of marijuana because they risk an infraction.
- Those who get caught for possession near or in a school will be charged with a misdemeanor.
- If you possess more than 28.5 grams and you are over 18 years old, that’s an infraction. If you are younger than 18, it’s an infraction.
- You can’t possess any marijuana in an open package or container or a vehicle. That is an infraction.
What Is the Penalty for a Schedule 1 Drug in California?
Schedule 1 drug penalties are harsher than for lower categories of controlled substances. That’s because these have the highest risk of addiction and abuse. Here is an overview of different situations and potential legal consequences.
Possession
Most drug possessions in California end up as misdemeanors. Specific circumstances, such as large drug amounts, can lead to complications and charges of a felony. But how does the law determine you possess those drugs?
The first case is when you have drugs on you. That’s when you exercise direct physical control over the substance, and it’s classified as actual possession. The alternative could be constructive possession, which indicates the drugs were in a place where you can exercise control over them. Let’s say that you were driving a car, and the drugs were in the trunk. It’s somewhere you had access to, which indicates constructive possession.
The possession might not be limited to a single person. If you share it with others, that could indicate joint possession. This is method police often use when discovering who owned the drugs in the first place. If no individual takes the blame, everyone involved gets charges for joint possession.
Selling or Intending to Sell
If you possess a schedule 1 drug with the intent to sell it, the Californian Penal Code considers that a felony. The same applies to other controlled substances. The fines can go up to $20,000, and you could spend up to five years in jail. Your defense could be that the discovery was made during illegal premise searching, or the drugs weren’t yours. A reliable drug crimes attorney can help to come out with an effective defense strategy that can ensure the consequences are as mild as possible.
How do they determine if you have the intent to sell the drug? The usual indicator is you have large quantities of it. However, measurement tools, keeping the drug in small baggies, or having large cash sums can also be among indicators. The more factors implicate you intended to sell the drugs, the more complicated your case is.
Manufacturing
The Californian law considers manufacturing drugs that are among controlled substances a felony. You could be facing anywhere from three to seven years for this crime, while the potential fine goes up to $50,000. There’s no need to handle or use drugs to face these charges.
Here is what could increase a potential penalty for manufacturing drugs:
- A large number of drugs were manufactured.
- There’s a person under 16 years old in the facility where the drugs were made.
- The manufacturing process was occurring within 200 feet of a residential property or structure where people spend time.
It gets worse because manufacturing drugs also come with other charges. Those could include selling drugs, but also gang activity, weapon charges, etc. You might be facing a variety of parole requirements, such as drug testing and check-ins with the parole office. If you have an expert criminal defense lawyer in your corner, they might be able to help get the best possible outcome.
What Does the Controlled Substances Act Do?
The idea of the Controlled Substances Act is to group all substances that the federal law regulates in different categories. The United States Drug Enforcement Administration has five different schedules for all substances. The placement of a particular product depends on safety, medical use, and potential for abuse.
Not all substances are a part of this schedule. It’s also possible to remove a compound from control and transfer it between categories. That requires the authorities to follow the DEA procedures for these matters.
