Legal Question in Criminal Law in California
when my daughter turned 18 she went off all psych meds(she is bipolar) and got arrested for possession of cocaine. she pleaded guilty and got dej. she went on psych meds and admitted herself free will into rehab but left 30 days later and has not done mandatory drug testing or dej. what happens at the nxt court date which is 3 weeks? What can i do for her? She doesnt want my help and wont get back on her meds either.
4 Answers from Attorneys
If she doesn't want your help, then there is not much that you can do. Also, since she won't go back on her meds, it is unlikely that the DEJ will remain. Judgment may enter, or she will have to go to trial.
BARRY BESSER
www.besserlaw.com
You should contact a good lawyer in your area. This will be a violation and there are things that should be adressed NOW. Our office had handled hundreds of cases like this and they are very tricky. If you want to speak with us, call our office and arrange a FREE consultation very QUICKLY. We will need all the time we can get. ........David Wallin
If the DEJ was part of a Prop 36 plea your daughter should get a second chance if she wants it. If she does not want a second chance or if the judge does not believe that she is amenable to treatment, sentence will be imposed. Most likely when she entered her DEJ plea she was told what her sentence would be or given some guidelines as to what it would be if she flunked out of the program. The agreed upon sentence or the guidelines should be in the court docket which can be found in the clerk's office.
She is an adult and she is responsible for her own actions. She should have a conversation with her attorney regarding the likely outcome of her next court appearance.
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