Legal Question in Criminal Law in New York

My loved one was arrested for drug possession (NY first time) and offered outpatient drug rehab to attend 5 times per week until the counseling center deemed necessary.

Of course after 6 months they had a relapse and stopped attending and now they are calling me scared to go to their scheduled court hearing for fear that they will lock them up.

I am not sure but does anyone know what happens in this type of case. The amount on their person was not a large enough amount to be charged with besides possession of illegal narcotics. I am not looking to rescue them but it would be good to stay informed.Thank you in advance


Asked on 1/19/12, 8:30 am

1 Answer from Attorneys
Carol Ryder Law Office of Carol Ryder PC

Sounds like it went through Drug Court instead of reg court. There, they may (or may not) kick him out of the program and he would be faced with the sentence he/she would have been informed of when signing on to the program BUT he needs to cooperate. Not showing up is egregious and will almost certainly gtee he will be jailed at some point the minute they get him. They are understanding, at least out here and I assume elsewhere because statistics everywhere show Drug Court (and Veterans and Mental Health Special Courts work. They they really work hard because they know the only permanent solution is treatment, FORCED treatment, not bouncing in and out of jail. They even had a special seminar in Suffolk Supreme Court explaining to lawyers, social workers, prosecutors, veterans, etc. about getting people into the special courts rather than criminal court. Tell him to contact whoever is his contact and be prepared to go in, dressed nicely, ready to explain what happened and willingness to make amends. Then, he will have a chance. Not show up-no chance.

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Answered on 1/25/12, 11:17 am


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