Legal Question in Criminal Law in California

I was released from jail on my own recognizance after doing 44 days in jail to enroll into "Collettes Children's Home". I failed "Collette's Children's Home" drug test a month ago before I went to court on August 24, 2012. However, I also enrolled into counseling which was also court ordered and went to self help meetings and got a sponsor. The day before court I was assigned a probation officer who told me to tell the judge everything and i did. The judge let me stay out of jail and continue to try to enroll into "Collettes Children's Home". It has been a month now and I had a chance today to get into "Collette's Children's Home" however again I failed their drug test. The reason why I am court ordered to enroll into "Collette's Children's Home" is because I have a 13 year old daughter and I don't know any other program that takes 13 year old children. My daughter recently told her dad who has custody of her also that she didn't want to live with me. I tried to make her stay with me in a sober living residence but she kept going back to her dad's place. My daughter told her dad that she wants to live with her brother and her brother agreed so now she lives with her brother. I told my husband and my son that she need to stay with me but they didn't want her to stay with me so I became depressed and relapsed. Then "Collette's Children's Home" had an opening and I went to apply and failed their drug test gain. I go to court in 4 days. What shall I do? Or what can I do? Can I try to get into another program without my daughter? What do you think the judge would say? Will he put me in jail?


Asked on 9/18/12, 9:31 pm

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

did you have an attorney handling the underlying case for you? That is who you need to talk to. Or consult with local criminal defense attorneys to appear for/with you? No one can tell you what a judge will say but I can tell you, you will benefit from a good attorney. Good luck!

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Answered on 9/19/12, 8:02 am


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