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CalAttorney2, Attorney
Category: Family Law
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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Situation: 30 year old female, has been treated , bipolar,

Customer Question

Situation: 30 year old female, has been treated for schizophrenia, bipolar, ptsd.
Has not actually held a job for a few years, has been on and off medication.
Several years ago was admitted to a state mental hospital for a suicide attempt, was released in several weeks, she did try hard for a while. Had another few days in a mental hospital a year later, was released to soon. Recently had another suicide attempt and is about to be released from a hospital after stabilization. She has had a severe drug abuse/alcohol problem. Currently has a scheduled court date in July for an offense of habitual driving without a license, has not actually ever had a license.
She is an intelligent woman, I know she could be productive in life, and I do believe she wants to be productive. The past week in a mental hospital with therapy has seemed to open her eyes! She would like to continue treatment, although is having problems in getting support for more inpatient treatment.
Question: Is there a chance of the court system sending her to rehab instead of jail for the violation of habitual driving without a license?
Submitted: 12 months ago.
Category: Family Law
Expert:  CalAttorney2 replied 12 months ago.

Dear Customer,

Thank you for using our forum. My name is ***** ***** I hope to assist you today.

Yes, it is often possible (although not guaranteed) to get this kind of sentence commuted or dismissed in these types of situations.

It is important to keep in mind that these are criminal charges, so it is critical to retain an attorney to represent the defendant in the process. If she cannot afford an attorney, make sure to contact the public defender's office and ask for representation to be appointed for her.

Expect to be asked for information or documentation from her stay in the hospital to support her request for leniency here (her attorney can assist you in compiling exactly what they want to present to the District Attorney and/or the court).

The court is also going to want to find some sort of assurance that steps are taken to prevent future driving without a license (this is harder to prove or present, but again a local attorney can assist you in putting together what will work best for your particular county DA and Judge).