My son's alcohol problem
Court date is July 31st. He has been waiting over 1 yr. for sentencing. It is driving him crazy and he is drinking too much. He has lost 2 jobs and needs help. I want to send him to a treatment facility for 30 day treatment program before he is sentenced because I do not think he will be able to stay clean through his probation. Can he be able to go into treatment as part of his sentencing? Will the treatment facility take him if he is already in trouble? This is his 2nd DUI. His first was 5 yrs. ago. --name removed--MOM
2 Answers from Attorneys
Re: My son's alcohol problem
If he goes into a 30 day in-patient prior to sent, just make sure his attorney and the Court know where he is and why he is not at the sent date. A letter from the facility or intake form would be great proof. The court will take that into consideration. Nothing works unless he is on board, so . . . .
This can be a part of sentencing, but then there are greater consequences for his failure. I would prefer the carot approach, rather than the stick. Probation can be tough on a 2nd and so it is better to have that extra help prior to sent. BTW- there is a statute that some judges know that says if he drinks while on probation, the court must sent him to jail for 180 days.
good luck
Re: My son's alcohol problem
Treatment is usually ordered where probation is granted. Treatment facilities are intended for people who are already in trouble. Keep in mind that your son will have to spend 10 days in jail at a minimum.
You may be able to postpone sentencing by motion to the court, to get in the 30-day treatment program.
Good luck.
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