Legal Question in Criminal Law in California
rehab
I was arrested and charged with possesion of controlled substance. I was convicted and i was to attend a six month substance abuse program. Well i did dot complete program so I was placed in county jail for six month. when I was released i found a job a place to stay and was doing good. probation then once again required me to enroll in a six month program and if i do not comply I will be placed in jail again. can they do this? have'nt I served my time? for my crime. I just want to get on with my life. and they just want to keep me in the system. I can not afford to pay or miss work to attend program. Please help I have already done my time.
thanks
2 Answers from Attorneys
Re: rehab
The way it works is this: If you were not given a jail sentence for the maximum time (ie, 365 days), then you will be placed on probation, and if you violate any term of that probation, you could do more jail time, up to the max. Probation basically means you agree to let the judge &/or the Probation Dept. by your mommy and daddy. You are apparently on formal probation. Your Probation Officer has determined that you need a drug program. Any term of probation, however, is subject to review by the judge who sentenced you. I suggest that you go back to the court where you were sentenced to request a modification of a term of your probation. (Just be at the clerk's office at 8 am and ask for that-- they'll send you into court to talk to the judge.) Let the judge know your situation. Explain (don't whine!) that you are agreeable to a rehab, but that the cost for you is prohibitive, and the live-in component will cost you your recently-acquired and much-needed job. Explain that if that were to happen, program or no program, it will be very hard for you to maintain your sobriety.
If that fails, hire an attorney to go in for you.
Don't delay. And don't -- for goodnessake--- EVER argue with your PO. They are generally horrible, authoritative ignoramuses. Play along, and things will go better.
Good luck! Contact me if you need further assistance.
Re: rehab
your frustration is certainly understandable. if you email me directly with more details regarding your actual conviction and current probation terms, i may be able to further assist you in this unfortunate matter.
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