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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23155
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My son has violated the order of protection, placed by me(mom).He

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My son has violated the order of protection, placed by me(mom).He has ADHD,PTSD,OCD,other mental problems. He is on SSI at 361/2 yrs. old.Currently gets SSI. He cut off his ankle bracelet, his circulation had blown up his ankle and both of his ankles and legs.Violated probation visit. He walked 3 hrs. to get there and had @ anoyher 1/2 hr. to go and he missed his appointment. He had no way of notifying probation and couldn't find pay phone.Missed 2 court appointments, no way,again, to get there(tried walking again).Last court appearance ,got a ride, showed up drunk (disrespect to judge). He is a full blowen alcoholic. Needs to go to rehab. not jail. Hasn't been able to speak for himself and is still incarserated. Hes not a bad person, hes a sick person! Please help!
Hello Jacustomer.

I am sorry to hear about your son, and I agree with you. From your descriptionhe is certainly in need of treatment for his alcoholism. It's likely that the court realizes this and he'll certainly get it. The only question is whether he will do so on the outside or in jail.

He's in jail right now because they can't trust him to do what he's been ordered to do, and that includes more than his not making his court appearances. You may see good reasons for all the things he did, but courts are not inclined to make excuses for its defendants. As far as the court is concerned, your son is out of control, and so they are holding him to make sure he shows up to resolve his case.

He is entitled to a hearing on the violation of the protective order against him and he's entitled to a lawyer. He may even have been assigned a public defender when he was first brought back and came before the judge.

What you want to do is to call the clerk of the court and find out if a lawyer has been assigned to him and get the name of that lawyer. Then you can give the lawyer all of his medical history and see what the lawyer can do. Sometimes, if the court and probation believe that there is any possibility of still working with a defendant and getting him to change, they would be willing to put him in residential treatment. But they are not going to release him to do it on his own. When I've been in a situation similiar to this and cut that sort of a deal, I've had to find a program that would take my client, and when it had an available bed, I would have him produced in court, where a program rep could come and pick him up from jail and escort him directly to the program. I've been able to do this numerous times for some of my clients over the course of my career, but the judge won't allow for something like that in every case.

But it's definitely worth it to talk to his lawyer and see if in-patient treatment can be worked out.

Goood luck.
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