Legal Question in Criminal Law in California
my brother has an alcohol problem, he has gone to AA meetings and DUI classes by court order, (because he has to) he refuse to go see a professional, but he admits to having the problem. he was charged with assault and battery, for hitting me, he was under the influence. I know we will be going to court and my question is: is it possible for the judge to order him to see a doctor as a penalty on my request?
1 Answer from Attorneys
The court can set any conditions of probation that are reasonably related to the crime. Yes, the court could impose anger management counseling that included an alcohol component if appropriate. The could order your brother to do additional alcohol rehab.
Of course, it's unlikely they'll just do it on their own. As the victim of this incident, you are certainly entitled to contact the DA's office - either directly or through the victim/witness office connected to the DA's office. Let them know your concerns and wishes.
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