Legal Question in Criminal Law in New Hampshire

Increasing chances of alternative sentencing

How is it possible to increase the chances for alternative sentencing of a second offense possession of heroin charge. My daughter is facing this and has done a comprehensive alternative plan that includes first a 28 day treatment, then 1/2 way house, mandatory AA/NA meetings, weekly urine testing, and community service outreach to youth regarding the effects of drugs on one's life. She is truly sincere in wanting to help herself, not just wanting to avoid prison although she certainly does want to do that too (the sentence requested is 7-15 years). Her public defender (good woman, good lawyer) says that there is about a 50/50 chance of this happening.

Please tell me what she (or we-how can I help her) can do to increase the chances of this alternative plan being approved.


Asked on 1/11/01, 4:48 pm

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Increasing chances of alternative sentencing

There is a philosophical movement in the law, although in its infancy, away from punishment toward treatment. CA, as usual, leads the pack and has softened its approach to individual possession/use of controlled substances somewhat in favor of treatment. Your daughter's PD could get some valuable information from, for example, the San Francisco Federal Public Defender.

There is also some small progress toward treatment as opposed to punishment in the federal system, although expect some setbacks in this area if John Ashcroft is confirmed as AG.

Recovering addicts need, first and foremost, removal from the situation in which they lived as addicts, and constant support from family and friends in addition to the prescribed therapy.

The success of presenting a recovery program alternative to jail the second time around depends upon different factors being now present which weren't there the first time which permitted the relapse. Eliminating the factors which permitted the relapse, showing a new program designed to prevent relapse, and showing support and comlete compliance with therapuetic programs recommend by professionals is all you can do.

I always have an addict address the judge personally, at some length, with as much sincerity as they have available, as that is the most effective approach in my experience, after ensuring the program is as I have stated.

The best of luck to you. It's a hard job, but not too hard if you are determined.

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Answered on 1/29/01, 9:29 am


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