Legal Question in Criminal Law in California

Drug Court Sanction

I was sentenced to Drug Court, One of the requirements of the program is yoga daily. I have wires in my neck from a spinal fusion. I was in pain because of the yoga, so I went to the Dr. and he prescribed 3 days of total rest and No Yoga I had to show the nurse (RN)who is assigned to Drug Court. And she told me that I looked okay to her and I needed to go to class. I told her that I have a Dr. excuse and she said the Dr. isn't aware of how easy the class is. I didn't listen to her I just left and went home. The following Monday I went to Court and they handcuffed me and told me I had to do a 3-day sanction in Jail.


Asked on 8/05/05, 9:44 pm

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Drug Court Sanction

The California Supreme Court is currently considering the issue of people being sentenced for contempt for failure to do impossible programs. The name of the case is In re Olivia J., 124 Cal.App.4th 698. Tell your lawyer (the one who sold you on Drug Court). If you were really sent to jail over this you might have a civil rights lawsuit (42 USC 1983) against the judge. There are only a very few instances where

judges can be sued, but this might be one of 'em.

http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/124/698.html

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Answered on 8/05/05, 11:06 pm


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