How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask xavierjd Your Own Question

xavierjd
xavierjd, Lawyer
Category: Criminal Law
Satisfied Customers: 3400
Experience:  Over 20 yrs experience in prosecution and defense work
14261217
Type Your Criminal Law Question Here...
xavierjd is online now
A new question is answered every 9 seconds

My daughter was charged with battery (a misdemeanor) following

Resolved Question:

My daughter was charged with battery (a misdemeanor) following an altercation with another girl. At the hearing, the girl did not appear, and my daughter was given 1 year of probation. At that time, the magistrate requested a drug test at a facility 40+ miles away, which my daughter failed. She was then told to travel the 80 miles round trip once a week (she has no income) to the walk-in facility to get weekly drug tests. At the status hearing, two months later, it was stated that my daughter only had the original drug test (which she failed) and had not attended the facility since the second week. She was sentenced to one-year in jail "to be stayed upon entry to a substance abuse facility." The court ordered a psychiatric evaluation which stated the substance abuse is the secondary problem, as she suffers from borderline personality disorder and post traumatic stress disorder. The psychiatrist said she needs treatment/therapy. How can I go about requesting home confinement with the needed help for my daughter? I have arranged with the local mental health service to provide weekly therapy and medication from licensed professionals, plus weekly group and individual therapy for substance abuse. I have her on a waiting list, so after her medication is regulated, she can attend a rehabilitation facility in another state. The prosecutor is opposed to home confinement as 'drugs are too accessible,' which is almost a joke, because there are plenty of drugs in jail (my daughter has had 3 drug tests since she went to jail, and has passed the last two). I need to get my daughter the help she needs before she falls through the cracks of the legal system. She wants help. She has begged for help. She actually called the crisis hotline a day prior to her status hearing, begging for help, but none was available (they all had waiting lists). I, myself, have contacted over 70 facilities in WV for inpatient treatment with no success. There is either a long, long waiting list, or insurance is required because we don't have the $10,000+ for her treatment. My daughter cannot apply for state insurance through DHHR until she is released from jail. I would greatly appreciate any recommendations to help my daughter. I have everything in place for her treatment and recovery, but I am at a loss how to approach this with the legal system. Thanks for any help you can provide.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  xavierjd replied 1 year ago.
Thanks for using JustAnswer.com. It will be my pleasure to assist you today.

I am SO sorry for the stress that you must be under. I certainly understand that all you want to do is what is best for your daughter.

Have you talked to your daughter's former probation officer regarding getting her into an inpatient center?

Have you tried writing her court appointed attorney or letting the court know that the court appointed attorney has NOT returned your calls?

Thanks
Customer: replied 1 year ago.

She didn't have a probation officer. It was unsupervised. The court is aware that the attorney has not returned calls. They also say they have a hard time getting in touch with him. Anything I can do on my own? And write a letter to the attorney letting him know. He seems totally disinterested.

Expert:  xavierjd replied 1 year ago.
Hi Jan,

You should DEFINITELY write a letter to her court appointed attorney indicating the dates and times that you have attempted to contact him/her and that s/he has failed, neglected and/or refused to return your calls. You may wish to ask him/her to call you immediately upon receipt of your correspondence as there has been a significant change in the status of your daughter's case.

Your daughter should also try to contact the attorney. If she has also tried but has been unsuccessful in reaching the attorney, you should include that fact in your letter to the attorney.

If the attorney has not been discharged from the case by the court, it is his/her responsibility to keep apprised of the case. If he has been discharged from the case by the court, then s/he has no responsibility to keep in touch with your daughter and/or you.

If you believe that the attorney has committed misconduct, you can file a grievance/complaint against the attorney. Below please find a link to the West Virginia Office of Disciplinary Counsel. The link provides, among other things, how to file a complaint regarding an attorney's misconduct.

http://www.wvodc.org/

Regarding your daughter's situation, your daughter should request to be brought before the judge. You may also wish to make that request. Honestly, it should be the lawyer asking, but if you get no response from him/her, then your daughter should ask to fill out a "Writ" to be brought before the court. If your daughter makes a request to be "writted out" to court in writing, then she must be brought before the court (usually) within 7-10 days.

Once she is brought before the court, you may be able to speak to the judge on the record, regarding all of the things that you have done to make sure that your daughter gets the help that she needs. You can indicate to the judge the problems that you have run into trying to get your daughter into an inpatient program. You can tell the judge that having your daughter sit in jail isn't doing anything to rehabilitate her and get her the help that she needs. You can tell the judge, and have proof, of the things that you have done to ensure that your daughter gets proper outpatient treatment. You can even indicate that when a bed becomes available, your daughter will go inpatient. You can even suggest that your daughter be put on a tether instead of staying in jail.

I am suggesting these things because I am under the impression that your daughter is a juvenile. If she is an adult, then she, alone, must request all of the things above. You can still indicate that your daughter will live in your home and that you have no problem with her being on a tether.

I hope you find this information useful.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. If you are satisfied with my answer, please rate it as "excellent" or in another positive manner. That is the only way that I can get credit for answering the question.

Thank you for your business!

XavierJD
Customer: replied 1 year ago.

My daughter is 19.

Expert:  xavierjd replied 1 year ago.
Hi Jan,

If your daughter is 19, then she is considered an adult for purposes of the judicial system.

All of what I indicated in my answer applies, except it is your daughter who must do everything that I suggested. Her attorney is under NO obligation to speak to you. Your daughter must write a letter to him/her indicating everything that I said.

Further, your daughter can file the complaint, if necessary, against her court appointed attorney.

Finally, if she does a "writ," she can bring all of the things that I indicated in my post to the attention of the judge. You can be there for support and ask the judge if you can speak. The judge may or may not allow you to do so.

If your daughter is still under the jurisdiction of the court, then if she asks to be "writted out" to the court, she can also ask that her court appointed attorney be present and be notified by the court to be there.

I hope you find this information useful.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. If you are satisfied with my answer, please rate it as "excellent" or in another positive manner. That is the only way that I can get credit for answering the question.

Thank you for your business!

XavierJD
Expert:  xavierjd replied 1 year ago.
Hi Jan,

Do you have any follow up questions that I can assist you with?

Thanks
Customer: replied 1 year ago.

How do you file a writ? Is it a form? Or just a written paper?

Expert:  xavierjd replied 1 year ago.
Hi Jan,

Sorry......I was about to send the answer to your question and I lost it in cyberspace!

I will re-create the answer and send it to you.

Thanks for your patience.
Expert:  xavierjd replied 1 year ago.
Hi Jan,

Do you have any other follow up questions?

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. If you are satisfied with my answer, please rate it as "excellent" or in another positive manner. That is the only way that I can get credit for answering the question.

Thank you for your business!

XavierJD
Customer: replied 1 year ago.

You said you would answer my question and it was lost in cyberspace -- you would re-create the answer ????

Expert:  xavierjd replied 1 year ago.
Hi Jan,

I had created the answer again, and I don't know what happened to it.

Below please find a link to the instructions for filing a Writ of Habeas Corpus, as well as a sample Petition.

http://www.courtswv.gov/legal-community/court-
rules/habeas/writ_hc.pdf

Also, below please find a link for an Affidavit. The Affidavit is used when the person does not have the finances to pay for the fees/costs for filing a Petition for Writ of Habeas Corpus.

http://www.courtswv.gov/legal-community/court-rules/habeas/writ_hc.pdf

I hope you find this information useful.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. If you are satisfied with my answer, please rate it as "excellent" or in another positive manner. That is the only way that I can get credit for answering the question.

Thank you for your business!

XavierJD
xavierjd, Lawyer
Category: Criminal Law
Satisfied Customers: 3400
Experience: Over 20 yrs experience in prosecution and defense work
xavierjd and 5 other Criminal Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.