Legal Question in Criminal Law in Pennsylvania
receiving mental treatment instead of imprisonment
My Friend had appeared in court for Burglary and receiving stolen property. Because he was a first time offender so he was given Accelerated Rehabilitative Disposition. He had not received any papers about his ARD and hadnt started the program yet persay. Now he has committed an assault charge. He is not detained at the moment and does not think that he wants to turn himself in. The acuser wants to drop the charges however the state will prosecute him anyays due to the evidence. What kind of sentencing might he receive if he were to turn himself in? I truly beleive that he is suffereing from some sort of a mental illness. As a minor he was diagnosed with ODD(Oppositional Defiant Disorder). Is it possible that he might receive treatment or some sort of rehabilitation instead of impisonment? We truly beleive that he has a pshychological problem and needs treatment.
1 Answer from Attorneys
Re: receiving mental treatment instead of imprisonment
In PA, the courts have a sentencing guideline that the sentencing judge MAY follow. Depending on the exact charges, the sentencing guidelines will give you are different sentencing range. Your question does not have a simple yes/no or black/white type of answer--the question requires much more information and analysis, and even then, a lawyer could only give you a range.
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