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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 114782
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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My boyfriend of 8 years has a very hard case, he has long history

Customer Question

My boyfriend of 8 years has a very hard case, he has long history with law,,,before 4-26-2012 he only had 2 HS11377(A)
in 2000 and 2001
this would be his third in 2006 he did a one year sentence for hit and run so they added PC667.5(B) today in court. He did a not guilty plea today because the family and I had taken him to the Behavorial hospital hoping that he would get help for his drug problem, they dignoised him with a condition and needs medication, the sad part about all this is that a family member had to call the police when he was useing at a public place he does not know that, we also need to know if the police said that a family memeber made the call and that person also took the drugs away from the location and the police picked it up,,, the family member made it very clear to the police that he needs his meds and needs help not jail,,,,, he needs long term help,,,, can he fight or is he too late,,,,he wants me to take the hospital papers to the court appointed public defender, please help he wants to know who gave the police the bottle of PCP because he recalls them not finding anything untill after they picked it up , please help me help my loved one.....
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 4 years ago.
I am afraid that the courts are not much on rehabilitation and while your friend needs help obviously, the court does not have to grant him that treatment other than in prison, especially if they sentence him under the 3 strikes law. The fact that he is in rehab can be helpful to his case and can help the public defender work to make a deal for your friend for court ordered in patient rehab, but again, for someone with an extensive record this is very tough. You have no duty to disclose who gave the police the drugs they took from him, this is for the police to testify to where they confiscated those drugs. Of course, if the family member does not show up to testify, there is no chain of custody and the case can get dismissed as well as long as the prosecutor does not get angry and decide to send the police to pick up the family member to force them to testify (Since failure to honor a subpoena is contempt of court). These are multiple factors going on in his case that his public defender will need to deal with.


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