Legal Question in Criminal Law in California

I have a dui in california 2nd or third in 10 years can I ask to be ordered to residential treatment in lei of Jail. If so, how can I do that


Asked on 11/29/10, 12:56 pm

2 Answers from Attorneys

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

Your lawyer -- if there is no way to fight the charge, which remains to be seen -- would cut a deal with the district attorney. We would have to line up the residential treatment program in advance and make a reservation, and almost certainly the court would sign off on it, depending on your track record with treatment programs in the past. Please call to discuss.

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Answered on 12/04/10, 1:10 pm
Terry A. Nelson Nelson & Lawless

You can 'ask' anything you like, if you can figure out how to do so in compliance with the Criminal Procedures and Rules of Court. You don't get to 'talk' the the judge unless you plead guilty and he asks if you have anything to say for yourself. Based upon your question, if you're intending to represent yourself without counsel, then you can 'talk' to the DA at the Pre-Trial Hearing, where the purpose of the hearing is to conduct plea bargain discussions. IF you go to that hearing with a confirmed in writing arrangement for a court approved treatment facility that you are going to pay for, you might be able to get a 'deal' that allows such treatment in lieu of SOME of the mandatory jail time you face.

If, instead, you get serious about hiring counsel to represent you to get the best 'deal' possible, feel free to contact me. If you can't afford private counsel, apply for the Public Defender.

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Answered on 12/05/10, 2:12 pm


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