The Pennsylvania criminal justice system isn’t just for punishment of wrongdoers. It’s could be a road to redemption, and a way to help people who need it the most. Especially those who suffer from mental illness.
Addiction is an illness just like any other. An illness that often people have no way to control. Unfortunately, no matter how far our country has come, we have a long way to go before many can break away from the stigma surrounding mental health, such as addiction.
Fortunately our attorneys are not intimidated by this deep routed taboo. We believe if you have struggled with addiction, a rehabilitation and wellness center should be your alternative as opposed to jail time.
Judges are often bound by mandatory minimum imprisonment terms. However, with the right attorney there are judges that may show discretion.
Pennsylvania recognized that jail time isn’t beneficial for those who are struggling from addiction years ago. Official changes started to take place in the early 90’s.
In the 91 Case of Commonwealth v. Conahan, the Pennsylvania Supreme Court decided a rehabilitation program may substitute for imprisonment if the following occurs:
- You must enter a program that last longer than the mandatory minimum jail sentence.
- You pay for the program, or your insurance covers it. If financially that is impossible, there are alternatives.
- The program takes place in a custodial hospital environment. This means you must be strictly supervised, and that you are confirmed to a grounds of the facility.
- You complete the entire program, and demonstrate that you have taken responsibility for your substance abuse.
This often doesn’t mean that you will avoid prison all together, but taking care of yourself will increase your hope of staying out.
If you have the time, and the finances, you should start your program before your hearing. The judge will see that you are taking responsibility for your health, and your actions.
At Davis & Davis we believe that mental health should be everyone’s top priority, and that no matter how mild or severe your addiction—we will fight for you.
