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Michael J, Esq.
Michael J, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 3426
Experience:  Licensed attorney experienced in criminal matters, having represented hundreds of clients with every misdemeanor and felony imaginable.
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With a suspended sentence with a 2 year mental health treatment

Resolved Question:

With a suspended sentence with a 2 year mental health treatment compliance
requirement for reckless driving in Pierce County Superior Court, which is
located in Pierce County, WA, is there
a risk for a civil committment or does the 2 years end the court's involvement
with the defendant who was sentenced, even if they have to continue
mental health treatment beyond that? What are they looking for (at worst)
this, or something more? If there is a review hearing in one year and it may
be shortened to one year are they only looking for compliance with treatment?
Will the court's orders end in one year only if the defendant is better? I was
looking for if the court involvement and the case is done without them
being able to add additional at the end like, always comply with treatment,
or follow all the doctor's orders, I was looking for the fact that they were
done completely in 1 or two years, whether the patient was cured or not.
If not, what can they do (at worst?) What would make the one year
deadline regarding mental treatment, and what would cause it to go to
two years? It is better for the one year because then it can get
expunged three years after that. Thanks.
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Michael J, Esq. replied 5 years ago.

Michael J, Esq. :

Hello - Thank you for contacting JustAnswer. My name is Michael; I look forward to helping you with your criminal problem today.

Michael J, Esq. :

I'm sorry to hear about your situation. The 2 year mental health treatment is a requirement of the suspended sentence. If you comply with treatment for the two years, your sentence will remain suspended, and you will be free of the court's rule after that. If you are in non-compliance, you will submit yourself to the court for sentencing on your time. It won't be shortened to one year. You are correct that after 2 years the court will be finished with you.

Michael J, Esq. :

Is there anything else I can help you with? If not, don't forget to press ACCEPT if I was helpful, experts here don't get credit until you do. :) Thank!

Customer:

So there is no more action if in compliance? If at the one year review hearing, it is found to

Customer:

be compliance, are you saying that they will not end it in one year? Do they

Customer:

only need to check for new violations at the review hearing, or what is the most

Customer:

you could get? A doctor's letter, and what should it include? Are you concerned

Customer:

what the doctor's letter contains, or only a statement, I'm sure there

Customer:

is compliance? Is there any risk if the doctor provides treatment

Customer:

like any other patient and does not do extra tests like blood

Customer:

tests for compliance beyond regular recommended tests? Is that

Customer:

enough or does there have to be more evidence of compliance?

Customer:

If no alchol is great but not a court requirement, and the doctor thinks

Customer:

they want that in the program, does that have to happen?

Customer:

Does the doctor continue treatment and then it ends or not with the end

Customer:

of the court case? Then if nothing else happens, you are free

Customer:

to not be at risk for futher court action? That's what I

Customer:

thought. Does the doctor have to say two years specifically?

Customer:

Does something have to change at two years or does the court

Customer:

just drop off, regarding status of defendant if they

Customer:

are compliant. Say they require continuous treatment, will that

Customer:

extend the court, any risk for that? They can say things like they

Customer:

are compliant without giving a long term prognosis, is that better?

Michael J, Esq. :

The court order is only for two years. Once the two years is up, the court no longer has jurisdiction over you. As long as you complete the treatment, you are home free.

Michael J, Esq. :

Is there anything else I can help you with? If not, don't forget to press ACCEPT if I was helpful, experts here don't get credit until you do. :) Thank!

Customer:

So nothing else matters, they can't write, the doctor can't write for more than a two

Customer:

year program, can it ever end in one year? At the one year hearing,

Customer:

can the doctor or anything other than non compliance extend the program? By

Customer:

completing the treatment, you are saying if compliant for two years nothing

Michael J, Esq. :

I have already explained it twice.

Customer:

else will happen re: the court?

Michael J, Esq. :

The order controls - if it is for two years, it ends after that.

Customer:

I was thinking it had to be at a certain status by two years, so there is

Customer:

nothing more than compliance?

Michael J, Esq. :

That is correct.

Customer:

Oh, thanks. Should the doctor write a letter reflecting that two years or know to do that?

Michael J, Esq. :

Is there anything else I can help you with?

Customer:

See above.

Michael J, Esq. :

You will notify the court at the end of the two years.

Michael J, Esq. :

The Doctor can write a letter if he pleases.

Customer:

OK, any way to interfere with it other than non compliance, no, then...

Customer:

thanks.

Michael J, Esq. :

Great. I wish you the best of luck.

Michael J, Esq. :

Don't forget to press ACCEPT if I was helpful. :)

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