Legal Question in Criminal Law in New York

A woman I know had an attempted suicide 6 months ago and has to go to court every week.

Three months ago she had knee replacement surgery and got painkillers.

Two weeks ago she fell in her apartment, hurt her knee, and called the doctor. The doctor said if she had painkillers left she could take them.

She did.

She went to court on 2/22 for her weekly check in and was drug tested and found positive. The judge "sanctioned" her to a week in jail.

After spending the week in county jail she went back to court.

The judge said she was supposed to tell the court before taking any medications, doesn't believe that she didn't know that requirement, which is what she is claiming, and sent her back to county jail for two additional weeks.

How can she end this cycle?

Her friend who visited her said she doesn't know what she's supposed to do.

Should she lie and say she knowingly didn't tell the court?

How long can this keep going?

Is she entitled to a public defender? Her friend doens't think she has one.

Thank you so much for your help.


Asked on 3/07/13, 2:53 pm

1 Answer from Attorneys
Arkady Bukh Bukh Law Firm, P.C.

There may be two ways to go. If she is indigent or very low income, she may well be eligible for a public defender and she needs to ask the court. She also may contact the office of the Mental Health advocate for the City of New York and they might help her. She should not be doing this without legal help so contact your local bar association or Legal Aid, if the first two avenues don't work.

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Answered on 3/08/13, 1:54 pm


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