drug addiction relapse and probation

[brap]

What is the name of your state? Virginia

My girlfriend is a recovering drug addict. She was caught and arrested for possesion as well as other crimes related to her addiction. She was put on probation and attended a 90 day county rehab facility and successfully graduated. She wants to get clean and change her life. Rehab has worked wonders for her. 1 month after graduating rehab she relapsed once. Unfortunately, anyone familiar with alcohol or drug addiction should know that relapse happens over 90% of the time for someone new in sobriety and does not indicate that they don't want to be clean. Immediately after relapsing she admitted her mistake to her rehab facility after care counselor as well as her AA sponsor and her family.

Her rehab facility then recommended that she do a 1.5 year rehab treatment. My girlfriend, me and her family feel this is an unfair decision and is more than what she needs. My girllfriend has admitted that she needs some additional help, but 1.5 year rehab facility seems overkill for someone who relapsed once in early sobriety.

The problem is that since she is on probation she has to do what ever is recommended by her after care counselor or it can be considered a probation violation by her PO. Her and I feel that there must be a legal way to have the decision reconsidered or be able to go to court to fight for another option.

She is not opposed to additional treatment, but she has worked hard to get her life back on track, she has a good job and a place to live and has worked hard to stay in the AA/NA community. She has become a responsible member of society.She does not want to lose all this to a 1.5 year rehab program.

What options does she have or is she doomed to be forced to do what ever is recommended?

Thanks
R

 

[brap]

update

I wanted to post an update on what my girlfriend and I were able to find out about the situation, in case some else in a similar situation one day reads this post.

After speaking to several lawyers it was determined that she has two options. One is to not go to Long Term rehab and violate probation which will then give her a chance to fight it in court. The risk there is that she will most likely spend time in jail on probation violation while she awaits her hearing. And if she doesn't win then the court could still rule that she has to go to long term in which case she spent time in jail for nothing. It would also be possible that she could go to jail waiting for her hearing and win, in which case she would be recommended for a lesser treatment and only spent no more than 30 days in jail (about the amount of time it would take for her case to appear in court) which wouldn't be so bad.

The other option we persued was climbing up the chain of command and went to the division of the county that handles the rehab facilities, they are called ADS (alcohol drug services). We spoke to someone in charge who is higher in command then the people who run the 90 day rehab facility where the 1.5 year long term recommendation was given. He indeed said that her recommendation could be reconsidered and over turned if she continues to show improvement, stays clean and goes to the group meetings required of her while she is waiting to get into long term rehab. THey said that if she did these things and then pleaded her case they would consider giving her an alternative treatment.

 

[seniorjudge]

This is the third thread you have started on this subject.

Don't triple post.