Legal Question in Criminal Law in New York
What if sentence CANNOT be served?
My brother was sentenced to 24 hours community service after being arrested on a harassment charge (mental health arrest). When he arrived for his assignment, he was refused work due to mental illness. What happens next? Can his sentence be changed after he made an honest effort to serve?
Asked on 7/07/07, 12:35 pm
1 Answer from Attorneys
Anthony Colleluori
The Law Offices of Anthony J. Colleluori & Associates PLLC
Re: What if sentence CANNOT be served?
He can be resentenced, but there should be a way for handicapped people to be able to participate in the community service program. If he is resentenced your brother may have a right to maintain and American's with Disabilities claim against your county.
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Good luck.
Answered on 7/07/07, 2:29 pm
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