Credit for Time Served in Inpatient Facilities – DUI Cases

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

West Chester Pennsylvania Criminal Defense and Personal Injury Attorney

West Chester Pennsylvania Criminal Defense and Personal Injury Attorney

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

Chester County Intermediate Punishment Program (IPP)

In our culture today one of the most common criminal charges, one that fills county dockets across state of Pennsylvania, is Driving Under the Influence (DUI). While many first-time offenders may be eligible for the ARD program (read more by clicking the link) there are many times where this is not offered or an individual is not eligible – possibly due to the facts and circumstances surrounding the DUI charge, possibly because of a prior criminal offenses or possibly it is not a first offense driving on the influence charge for the accused. In all of these cases, individuals who have been charged with a Driving Under the Influence / DUI offense face the potential of harsh mandatory incarceration sentences, potential supervision and conditions.

Mike DiCindio West Chester, PA Attorney

West Chester Criminal Defense Lawyer

In these circumstances in Chester County, the Intermediate Punishment Program (IPP) is set up in a manner that allows first, second and potentially third offense Driving Under the Influence / DUI offenders to apply and, if deemed eligible and accepted by the court, receive a much less harsh imprisonment sentence mixed with electronic home confinement and community service.

While this Chester County Intermediate Punishment Program (IPP)  does not reduce the potential license suspension in these matters, it is a beneficial program when there are no legal arguments of merit that can be viewed as likely to win the case either before or at trial. In these matters, a skilled criminal lawyer may recommend this as the most beneficial potential outcome for a client.

It should be noted, in Chester County there are more offenses that may be eligible for the IPP program – still, the vast majority are DUI and DUI related suspension matters.

To read more about the IPP program or to see Chester County’s IPP chart go to the Chester County IPP website or contact DiCindio Law, LLC to speak to Mike DiCindio about your case today.


 

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 who represents individuals accused of crimes 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