Legal Question in Criminal Law in New Mexico
carrying out of sentencing
I have a freind who was sentenced to one year in prison and one year in a rehab program. He was accepted into a rehab program in another state. The day of his release, he was told by his caseworker that the DA would not release him out of state and that he would have to stay in county jail for a month or more while they find him an open rehab program. Why is the District Attorney doing this when the judge made no specificity of whether my freind should serve his rehab time in state? Isn't this holding my freind unlawfull as he was only charged with one year of prison time?
1 Answer from Attorneys
Re: carrying out of sentencing
The DA has nothing to do with it legally, although practically the system responds to DA's who are wrong because of their position.
If he was court-approved for another jurisdiction and their rehab program, that court order cannot be overridden by the DA.
Your friend needs the services of a criminal lawyer or the public defender to get him on the track.
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