Legal Question in Administrative Law in California
aiding and abedding
Here's the deal. My sister-in-law has been in and out of trouble the past few years. She managed to get herself put into drug court(?). Apparently one of the stipulations of not going to jail was to attend classes and abide be some house rules (the drug court put her up in a small studio apartment) Well, she didn't abide by the rules and got kicked-out of the apartment, and from what I gather kicked-out of the classes too. She was then supposed to report to the court and face jail time for not completing the program. Instead she ran, and started living on the streets with her 6-month-old child. When my wife found out about it, she sent her a train ticket to come out to our neck of the woods. She is now staying with us. Let me start with a couple questions.
1. What legal issues are we (my wife and I, and our two children) getting ourselves into?
2. What options does my sister-in-law have at this point?
3. Would leaving the state be a good/BAD idea for her?
4. Will waiting to turn her self in make things much worse?
She is apparently facing a minimum of 16 moths with a maximum of 2-3 years. Does that sound right?
Thank you in advance for your time and knowledge.
2 Answers from Attorneys
Re: aiding and abedding
My recommendation is that you contact an associate of mine immediately. Michael McGlinn in San Diego.
Re: aiding and abedding
This question involves criminal law, not administrative law, but I have some public defender office experience so I'll take a shot at answering. If you want more and/or better-informed answers, please re-submit your question as a criminal law matter and it will be referred to the right group of LawGuru attorneys.
Your sister-in-law is a fugitive from justice, and you guys, knowing she is wanted, are guilty of harboring a fugitive. Nevertheless, the chances that you would be prosecuted if the shariff came to the door with a warrant for the sister-in-law is very slight. Drug abusers are increasingly treated as victims, rather than dangerous crooks like murderers and robbers, and family members who try to dry them out and give them a life are seldom harassed by the law, unless, of course, said family members are also involved in drugs or in trouble with the justice system.
Even so, I cannot recommend that you allow this situation to go on. While you may not be in trouble, your sister-in-law has two problems to deal with -- being a fugitive and being a druggie.
People who flunk out of treatment programs need help of a stronger kind than the programs provide and certainly more than they'll get in prison. Space in these programs is scarce, and people who don't follow the rules get kicked out to make space for new admitees who may benefit.
If you want to do the right thing, you need to get a free initial conference with a criminal law attorney in your county. MAYBE you can get her back in a program. Maybe she'll have to do time. In any case, her long-run best interest requires coming out of hiding and realizing that she has to face treatment or her life and the child's are ruined. Better face the music now than later.
If you/she need legal services and can't afford a private-practice attorney, call on the local public defender's office for advice and counsel.
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