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CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 23398
Experience:  9+ years defending Misdemeanor and Felony cases.
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i need to know about perscription medication that is ...

Resolved Question:

i need to know about perscription medication that is perscribe by a family doctor. my wife is being held in jail for take her perscribe medication,after a drug screem on her pre trail diversion.
Submitted: 8 years ago.
Category: Criminal Law
Expert:  CrimDefense replied 8 years ago.

One of the conditions of a pre-trail diversion program, is that the participant stays drug free. Obviously, there are situations where a person is legally prescribed drugs and those will show in their drug test. Your wife should have previously provided the program with a copy of her prescriptions from the doctor. In the event she did not, when she goes to court, it is important you provide a copy to the attorney representing her. Once it is shown she is legally taking this drugs, she should be released from jail and admitted back into the diversion program.

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Customer: replied 8 years ago.
pretrail has copy of her mri resultand letter from her doctor stating that she need thi medication and that he perscribe this medication but the judge wont let her out.last month she was put because of abladder infection were she could not produce urin. she only got out because the doctor give her a tb. skin test
Expert:  CrimDefense replied 8 years ago.
The Doctor should fax over a copy of his prescription and diagnosis of your wife, to the jail where she is being held. The medical staff there, will evaluate your wife, if they have not already and determine the appropriate treatment. If this is a situation where this is a very specific medical procedure, which the jail can not perform, the attorney representing your wife, needs to set this matter down for a hearing and ask that your wife be released for medical treatment, which could effect her health and life.
Customer: replied 8 years ago.
we got a ten thousand dollars cash bond posted alot of pre trail deversion spend only three days in jail on violation. is this a violation of my wife civil right. when she was first incarsated. she almost died another circuit judge had to overrule magoffin circuit judge to get her in the hospital
Expert:  CrimDefense replied 8 years ago.
What needs to be looked at, is if the jail is capable of providing her with the proper medical treatment. If they are not able to, then she should be transferred to a better equipped facility. Record from her doctor, need to be shown to the Judge, so he understands her condition. Moreover, you can ask the court to place her back on pre-trial and try to explain the reason she violated the terms of it, in the first place.
Customer: replied 8 years ago.
the judge has got all her medical records. she doing this because she got mad when the other judge over ruled her. she is playing politic with my wife. her hearing is july thrid on this matter the commonwealth is not opposing because her medication is perscribe wich is apain pill. our lawyer said she was not going to let her out till trail day. again is this aviolation of my wife civil right. cruel and unusally punishment
Expert:  CrimDefense replied 8 years ago.
If the Judge is acting in a way that calls into question her character as a Judge, then you should file a complaint against her, once the case is resolved. Obviously, the way she is treating your wife, could be a basis for a civil claim, especially, if her condition worsens. Your wife has every right to receive proper medical treatment while under the State's supervision and doing so, could be a violation. Speak with the attorney representing your wife and see if they can refer you to any civil rights attorneys, in your area.
Customer: replied 8 years ago.
how do i file a complaint aganist her. our attorney has go befor her on insurance cases and civil law suit, so their hastent about making her mad. i well file the complaint
Expert:  CrimDefense replied 8 years ago.

This website includes everything you need to know:

Good luck. I hope I have answered all your questions. If so, please click the accept button, so i can get credit for my answers.

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