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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 118779
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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my nephew has 3 charges 7399 criminal attempt-2999 criminal

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my nephew has 3 charges 7399 criminal attempt-2999 criminal mischief and 2299 burglary 2nd degree, also he was on probation for a dui about 3 weeks in between the 2 different incidents, both times he was extremly intoxicated, my question is if he gets out of jail on bond would and can he enter himself into a rehabalition center for alcholism do you thimk the judge wil see that the crimes he committed are related to alcholism and my nephew has entered cuz he knows he needs help...and if the judge would see this as a good thing and my they wont send him to you think these charges will land him in prison?? he has been in prison before I worked hard to keep him out of trouble and out of prison for 6 years with me and 3 years before he moved to colorado so he has been clean for 9 years..whats his chance he will not get prison time?? thank you i am very stressed and worried for him..
The problem is that he has a prior record and has already been to prison, which means that the DA can treat him as a multiple offender, even though he is now in a rehabilitation program and this will generally mean he is looking at a jail term, especially since he was out on probation for an alcohol related offense and this is now a probation violation. The fact he is in rehabilitation would be grounds for at the very least a reduction of the sentence the court would sentence him to, but this depends wholly on the discretion of the judge as to whether or not they will agree to probation and continued treatment as a condition of probation in lieu of jail. It is however a good cause reason for his attorney to negotiate for a probation sentence on the condition of mandatory continued rehabilitation for certain. I am afraid though that without seeing the case file with the evidence and knowing how the DA feels about the case, it is impossible to be any more accurate about his chances on this.

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