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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23152
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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my son is in jail the judge sentence him to take a 3 month

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my son is in jail the judge sentence him to take a 3 month drug program and them they would release him on probation the program was getting ready to get started but in jail they will not let him take the course.What recourses do i have?

If your son was to have been released from prison into a drug program and then the balance of time after that was to have been on probation, this may be something you'll have to get his son's lawyer involved with so that they can release him directly to a representative from the drug program who will personally escort him to the program. I have had clients in that situtation, and that was how we got around this.

Otherwise, there may be some kind of unexpected hold that is preventing Corrections from releasing your son. Either way, the only thing you can do is to get your son's lawyer on it. If he's supposed to have been released, the lawyer can get him before the judge and find out why the state is holding him and, if there's no good cause reason for his continued detention, get him out.
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Customer: replied 5 years ago.
the drug program was supposed to be in jail

Thank you for clarifying.

I thought that you were saying he'd been ordered released to start a program.

If the program is one run by the Department of Corrections, Corrections is not bound by the judge's recommendation. They have their own eligibility criteria for their in-house programs and if someone doesn't meet their requirements, they will deny him the program.

Regardless, if you feel that a wrong has been done, you still would have to contact the lawyer in order to find out what the specific problem is with probation and if this is something that is squarely in the discretion of the prison or if it can be modified with a court order.

Edited by FranL on 2/1/2011 at 11:55 PM EST

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