Credit for Time Served In Inpatient Facilities – DUI Cases
When someone has been arrested and is pending trial there are decisions that need to be made based upon the needs of the person and the strategy of the case. Some of these decisions will be made by the individual and others may be made or dictated to them by the Judge. One of the decisions is whether or not someone needs to be placed into an inpatient rehabilitation facility in order to address a substance abuse issue. Most often, this arises out of DUI or driving under the influence / driving while impaired cases.
Voluntary treatment is treated differently than Court ordered treatment
What is important to know is that when someone is placed into inpatient as a condition of bail in lieu of pre-trial incarceration they are entitled to have that time spent in inpatient count against any jail sentence they may be later sentenced to. Commonwealth v. Cozzone, 593 A. 2d 860 (Pa. Super. 1991). Alternatively, if someone voluntarily gone to inpatient on their own accord it may be credited towards their sentence but only if the sentencing Judge, in his/her discretion decides to grant the credit.
The lesson to take from this is that when someone is in the criminal system, facing incarceration and ends up in an inpatient rehabilitation for any reason – his attorney must evaluate any arguments about credit for time spent in rehab that may be available to the client in order to potentially limit the about of time in prison that ultimately must be served.
If you or a loved one needs representation on any criminal matter – contact Mike DiCindio, Esq. directly.
The above listed information does not include the entire crimes code, annotations, amendments or any recent changes that may be relevant. The information provided is for informational purposes only and may not reflect the most current legal developments. These materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances. It is intended solely for informational purposes.
Michael D. DiCindio, Esq. is a West Chester criminal defense lawyer and personal injury attorney who represents individuals accused of crimes or injured by the negligence of others throughout all of Chester County, including West Chester, Phoenixville, Malvern, Coatesville, Paoli, Downingtown, Tredyffrin, West Goshen, Honey Brook, Oxford, Devon, Pottstown, Chesterbrook, Parkesburg, Kennett Square, and Avondale