Felony Violation of Felony Probation
I live in New York state, and this past week, my boyfriend, who is on Felony probation (and has already went through 1 out of 5 years) for criminal mischief, overdosed on heroin. He was caught with 2 bags of herion on him when the EMT and Police came. He then attempted to eat them so that he wouldn't face further charges. Because of this, he is being charged with tampering with physical evidence (a felony) and a misdemeanor for possession of the heroin. The cop told him that he would drop the felony to a lesser charge, but the fact that he is already on probation is the worst. He told his P.O. about what happened today and that he wanted to go to rehab. She is sending him right away, and he doesn't want to face prison time because of this. Is there any way out of him going to prison? I feel that he would benefit more from a long term rehab.