Legal Question in Criminal Law in California

(L.B., Calif.) Yesterday, my friend was arraigned for her 'umpteenth' drunk in public violation. This current arrest, occurred just 5 days after her previous one for the same offense which also included 'warrants' issued for failures to appear on previous 'drunk in public' tickets, and she ended up receiving a 90-day sentence from which she was released (time served) from the county jail, after only one day.

So this current charge (just for the one "drunk in public" violation yesterday, I mean) was also, obviously, in violation of the terms of her probation for that previous conviction, just 5 days prior.

At her arraignment yesterday, she asked the judge for 3 days to take care of 'urgent personal matters', before having to go back to jail, which was 'granted' by the court. She's to report back the day after tomorrow, to be taken into custody once more, and the judge "hinted" that she'd likely be doing 90-120 days, (& if she fails to report back to the court, and 'on time', as promised, he'd see that she got a 2-year sentence). So, I'm 'assuming', that actual formal sentencing is still up-in-the-air (so to speak) at this time, although she has definitely already been found 'guilty', and is destined to do some county jail time as things stand now.

(She was represented by only a public defender in court, by the way, and not a very good one.) (Also, she has mental illnesses {documented history, of}, and H.I.V.,.. <-- though probably not even relevant, I'm just throwing that in FYI.)

My question is this: would it be likely, if she were to return to court with a plan of admitting herself into an "in-patient" drug /alcohol recovery program - (perhaps even have one of the rehab.s administrators with her there, at the hearing?) - but, at very least, show that she has gotten herself set-up for immediate admittance into such a program, that she's done so on her own volition, and adequately expresses her sincere dedication towards said-program to the judge, that he might feasibly accept this, in lieu of her doing jail time?.. And is such a request even possible, or feasible, at this stage of the court proceedings?

Thanks in advance.

Sincerely, James in Long Beach


Asked on 10/17/12, 1:09 pm

1 Answer from Attorneys
Theresa Hofmeister Theresa Hofmeister, Attorney At Law

she would be best to present this idea through her attorney ... it is "possible" in theory. The judge has some leeway ... just comes down to what s/he wants to do and is s/he motivated to take a chance on something like that with your friend. Good luck!

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Answered on 10/17/12, 3:01 pm


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