Alternatives to Incarceration for Substance Abusers

“Alternatives to Incarceration” is a program that can help defendants with addiction issues who are facing criminal charges. Courts will sometimes agree to refer a defendant for drug and/or alcohol treatment.

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Admission to ATI is Not Guaranteed

Involvement in Alternatives to Incarceration (ATI) needs to be agreed to by the court, the defendant, and Community Corrections. The program is only available to those facing misdemeanor drug or alcohol offenses who have a verifiable substance abuse problem. A judge may sentence a defendant to enter treatment instead of jail, or as part of a bond condition. There is also a possibility of residential treatment. The courts, mental health, and substance abuse professionals are starting to realize that treating a substance abuse problem is paramount to keeping a defendant from becoming a repeat offender. Incarceration without dealing with the reasons for the substance abuse and/or mental health problem will not help the person in the long run, and they will be right back into the criminal justice system.

The ATI program features may include:

  • transportation
  • intake assessment and evaluation
  • treatment, discharge, and aftercare planning
  • daily group therapy
  • weekly individual therapy
  • 24-hour staff supervision of a highly structured treatment regimen
  • on-site 12 Step meetings
  • GED/Adult Education classes
  • HIV/STD education
  • budget and life skills
  • non-denominational worship services
  • PBT and random urinalyses and contraband searches
  • regular written progress reports

To qualify for the ATI program, an alternative to incarceration, a person must be a nonviolent offender (male or female) and at least 17 years old. Oakland County Community Corrections must pre-authorize treatment. The program encourages judges to suspend all or part of a sentence to jail for participation in it.

Oakland County Community Corrections and the Prior Authorization and Central Evaluation (PACE) unit fund the program through Oakland County Community Mental Health.

ATI is one of the many programs available.

It takes an experienced defense attorney to know about all of the alternatives to incarceration, what a person can qualify for, and the secret to getting a client accepted by the sentencing judge.

There are numerous programs available for people with mental health and substance abuse problems. ATI is only available for misdemeanor offenses, but numerous programs are available for felony offenses. The number of programs seems to grow almost weekly. You need a top-notch criminal defense attorney who stays current on the law, options for clients, and the best way to protect the client’s rights to ensure you have all available options.

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The Benefits of Alternatives to Incarceration

Alternatives to incarceration give defendants a genuine opportunity to rebuild their lives while addressing the root causes of criminal behavior. Treatment-centered programs focus on rehabilitation, accountability, and long-term recovery rather than punishment. When participants receive structured support and therapy, they are far less likely to reoffend.

These programs also reduce the strain on overcrowded jails and save taxpayer resources. More importantly, they restore stability to families and communities by allowing individuals to remain engaged in employment, education, and counseling. For many defendants, treatment provides the first real chance to overcome addiction and regain control of their future.

Courts increasingly recognize that rehabilitation leads to safer communities. When people receive treatment for the conditions that led to their offenses, they emerge stronger, more responsible, and more capable of maintaining a law-abiding life.

How an Experienced Defense Attorney Secures ATI Placement

Securing admission into an Alternatives to Incarceration program requires legal skill, preparation, and credibility with the court. A qualified defense attorney must demonstrate that the defendant is both eligible and committed to completing treatment. This process often involves gathering detailed documentation of the defendant’s substance abuse history, mental health records, and prior treatment efforts, along with letters of support from family or professionals.

An experienced attorney understands how to present a comprehensive and persuasive argument to the judge, emphasizing that structured treatment offers greater long-term benefits than incarceration. The attorney must also coordinate with prosecutors, probation officers, and treatment providers to ensure that all conditions of eligibility are satisfied.

The attorneys at LEWIS & DICKSTEIN, P.L.L.C. possess the knowledge and experience necessary to navigate these complex requirements. Their reputation for excellence and their relationships within the legal community often make the critical difference in achieving a favorable outcome. Through strategic advocacy, they work to secure treatment options that serve both the client’s rehabilitation and the court’s goals of justice and public safety. 

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Top-Rated, Successful, and Tenacious Criminal Defense Lawyers

LEWIS & DICKSTEIN, P.L.L.C. has attorneys who are award-winning, professional, and highly competent. Its attorneys have served in various capacities in their communities, the courts, and private practice. LEWIS & DICKSTEIN, P.L.L.C. prides itself on being a law firm with some of the most respected, knowledgeable, and professional attorneys available. Although each of our attorneys has good working relationships with prosecutors, a prosecutor does not want to see one of our attorneys on the other side of a courtroom from them. Prosecutors know we are there to win!! If you are interested in alternatives to incarceration, we can fight for a solution that is right for you.

Call us today at (248) 263-6800 for a free consultation or complete an online Request for Assistance Form. We will contact you promptly and find a way to help you.

We will find a way to help you.
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