Legal Question in Criminal Law in Florida
mental health
What rights does and offender have to treatment vs incarceration whose been diagnosed and recieving treatment for years for mental disorder or any laws that are in that subject-the person has 18 months for a possesion charge and is out awaiting sentencing looking for treatment- any advice
2 Answers from Attorneys
Re: mental health
There are no rights to treatment unless he is found not guilty by reason of insanity, or incompetant by the court.
Re: mental health
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There are no guaranteed rights to mental health treatment in lieu of incarceration. Your attorney may request treatment as an alternative but most treatment facilities are so woefully understaffed and short of funds that this option may not be available. Alternatively, you might receive treatment while incarcerated.
Scott R. Jay, Esq.
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