Legal Question in Criminal Law in Pennsylvania
non violent drug offender
Can a judge over rule a mandatory minimum sentence for a non violent drug offender if he feels that it is best for the offender to continue his rehabilitation vs. incarceration? The defendent has a drug addiction and has been diagnosed with this by specialist.
2 Answers from Attorneys
Re: non violent drug offender
I don't know if there's enough information to answer this question. Is the rehabilitation in-patient at the defendant's expense? If so, a Judge may determine that the mandatory minimum be served where the defendant is undergoing rehab, especially in the larger counties where such intermediate type programs are available.
Re: non violent drug offender
The judge cannot over rule a mandatory unless you are in an intermediate punishment program.
Related Questions & Answers
-
Bench warrents and detainers are bench warrants and detainers the same. Asked 9/12/07, 7:56 pm in United States Pennsylvania Criminal Law
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
