Legal considerations of residential treatment in a criminal case.

Are you better off going to jail or going to treatment?

Jail is jail.

But you are going to get credit for the time you are doing.

halfway houses and rehab centers are not jails. Courts will not extend FL 921.161 to allow credit for time spent there

doesn't restrict liberty, usually increases it

not a coercive deprivation of liberty

see Tal-Mason v State, 515 So.2d 738

"functional equivalent of jail" means you must be in "the total custody and control of the state at all times" Williams V State, 780 So.2d 244

Specific statutory exception for DUI's

Residential treatment can be ordered as a condition of probation.

However, if you violate you are going to go back to jail and you will not get any credit against a jail sentence for the time in residential treatment.

A mere relapse leading to a temporary discharge is not grounds for a violation of probation. See Broom v State 96 So.3d 440 - but read the case

it was a true mere relapse, guy tested clean 5 days later, was motivated

good language on the disease of addiction

If you are a chronic violator of the residential program it will be a basis for a VOP. See Lawson v State 969 So.2d 222

Bruce Denson
Criminal Defense Attorney
Tampa Bay, FL
727 896-7000