CASE TYPE: Probation Violation
RESULT: Reinstated on probation
Earl’s client was facing a probation violation on a serious felony. The State was asking the court to revoke Earl’s client’s probation and ship him to prison to serve his 68-month sentence. A lot was on the line. In examining the probation violation, Earl learned that the basis for the violation was a drug relapse. Earl’s client was a severe addict, and though they had completed inpatient treatment successfully, they ran into some issues and relapsed.
At the hearing, Earl argued strenuously that the issue before the court was not a behavioral issue, but an addiction issue. The only violent offense on Earl’s client’s record was the offense they were on probation for. The rest of their record was mainly drug-related. Earl argued that relapse is a part of recovery, that oftentimes people do not get all the tools they need to deal with addiction by completing one program. Sometimes it takes two, or three, or ten treatment programs before someone can get sober.
Most importantly, Earl argued that prison was NOT rehab. Based on the arguments, the court decided that Earl’s client deserved another chance and reinstated him on probation, avoiding a 68-month commit to prison.