Criminal Law Questions? Ask a Criminal Lawyer.
I hope this message finds you guys well, present circumstances excluded. I am a licensed attorney with over a dozen years of criminal law experience. It is a pleasure to assist you today, though I wish under different circumstances.
It will be very difficult, unfortunately, to stay out of custody in view of breach of the bond by getting into trouble. If the trouble was drug related, she may be able to avoid remaining in custody if she has inpatient rehab set up to begin at or near the day of her court appearance. The judge may be lenient and allow her to go to rehab in lieu of prison under those circumstances. I have seen this work in the past, though the judge is under no obligation to oblige.
If she chooses this route, I would recommend letting the prosecutors know before court and asking them for leniency under the circumstances.
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There is a chance...the fact that she is the sole provider for children, coupled with the specific facts of the case relative to providing assistance may be enough to keep her out in the interim. Statistically speaking, the majority of cases like this one end up in incarceration. He best bet is to have a clear explanation of why she did what she did and also be able to articulate that she is the sole caretaker for her children. This is what is termed an equitable plea.
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Having the kids there is a double edged sword. It may help persuade the judge, however the psychological effect on the kids if their mother gets taken away is something they may never recover from. If it is possible to have recent pictures of them and voice recordings that they pre-record as to their love for and need for their mother, that is likely the better way to go here.
You are exactly right...and all of those issues need to be presented to the judge. In order of importance, the arguments should be:
- Well being of the children;
- He earning ability (which relates back to children); and
- the fact that her latest infringement was from a good place attempting to help others - minimizing the criminal intent here.
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