By Gwynneth Redemann
WOODLAND, CA – Oscar Delatorre was sentenced to 60 days in jail and five years of probation for possession of a controlled substance and felony driving under the influence charges, despite the defense arguing that jail time would be “unproductive.”
Back in 2019, the defendant was charged with a third DUI and possession of a controlled substance.
The public defender argued that, since the incident in 2019, Delatorre had gotten a full-time job and went to a 30-day detox program for his substance abuse issues.
The PD noted “[Delatorre] still has substance abuse issues” and that much of his criminal behavior “stems from this” disorder, but despite Delatorre’s life-long battle with substance abuse disorder, he is trying to get his life back on track and support his daughter.
“He was 19 years old when the last felony was committed. He was young and he has always had a substance abuse problem. But the issue is, can he address that?” stated the PD, who said the last infraction Delatorre made was driving with a suspended license back in 2020.
The PD said Delatorre had been involved in a serious accident a few years back where he suffered brain injuries, resulting in the use of medication that further exacerbated his existing substance abuse issues.
The PD went on to argue that jail time for a crime committed back in 2019 would be punitive, stating, “Jail time is punishment. I don’t think that is warranted here for a non-violent offense that happened two years ago, adding, “At this point, it is unproductive to send him to jail.”
The PD warned that jail time could lead to the loss of Delatorre’s full-time job, which may have unwanted effects such as substance abuse relapse, and urged Judge David Reed to reduce the fines related to the charges because Delatorre has to support his young daughter and is already “living paycheck to paycheck.”
Judge Reed interjected, stating, “I’m a little confused with your statement. On page two of the probation report, it says the defendant is not required to pay child support for his child.”
Judge Reed continued, “So you’re saying he’s supporting a child but not paying child support?”
The Public Defender remarked, “Well yes, it’s his child, your Honor.”
Judge Reed stated, “I know a lot of people who come before me that don’t support their children and a lot of people that don’t have child support orders don’t pay child support.”
The PD assured Judge Reed that Delatorre has a good relationship with the mother of his child and that he does in fact support their daughter financially.
Despite the arguments made, Judge Reed put Delatorre on five years of informal probation and 60 days in the county jail with no credits. Judge Reed did lower the fines and made them payable in the quantity of $50 per month by Delatorre.