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Ask TexCrimLawyer, J.D. Your Own Question
TexCrimLawyer, J.D.
TexCrimLawyer, J.D., Lawyer
Category: Criminal Law
Satisfied Customers: 4829
Experience:  Experienced in state and federal criminal litigation.
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My daughter went to jail last Monday. Police said she would

Customer Question

My daughter went to jail last Monday. Police said she would be in jail for a day or two and go to rehab with probation. she had a public defender stand in for her. She has been in for a week and they are telling me she may not have a court date for months. Unbeknownst to me, she will not have the public defender. They told me to tell her to apply for one. This is not what the arresting officer told me would happen and I am now stuck. Can I drop charges of larceny and go in front of the judge and request rehab and probation as I was originally promised? Rosemary Blake XXX-XXX-XXXX

Submitted: 4 years ago.
Category: Criminal Law
Expert:  TexCrimLawyer, J.D. replied 4 years ago.

TexLawyer :

Good morning. I'll be assisting you with your question.

TexLawyer :

Just so I have this correct, you reported your daughter for larceny and she was arrested. She currently does not have a lawyer and you would like to drop charges, but still have her sent to rehab by the judge. Is that correct?

TexLawyer :

Also, was she charged with a felony or a misdemeanor?

JACUSTOMER-au1m1lzi- :

Yes. Charged with grand larceny. The goal was to get her into long term rehab for drug abuse. She has never done anything like this. She got involved with someone who had her steal from me .

TexLawyer :

OK. There are two things important to understand. First, you cannot drop charges; only he DA can do that. Prosecutions are just lawsuits, where the DA acts as the "plaintiff" and the person charged is the defendant. Since the DA is the one bringing charges, only he can drop them.

TexLawyer :

Second, even if you were able to get the DA to drop charges, you might not reach your goal of getting your daughter in rehab. If charges are dropped, then the court has no authority over her, making it impossible for the judge to order rehab as a condition of probation.

JACUSTOMER-au1m1lzi- :

What can I do to get her out of jail and in to rehab. The police told me the judge would order rehab. That is why I did it, because my daughter would not go in on her own. She will now. I want it court ordered with probation.

TexLawyer :

If you want the judge to order rehab, you can't drop charges. The judge has the option to order mandatory rehab with probation, but there is no way to force the judge to do so. What punishment is appropiate is almost entirely within the discretion of the judge. That said, if you and the DA agree that rehab with probation is the best option, the judge will usually follow that agreement.

JACUSTOMER-au1m1lzi- :

Do I call the DA today? The policeman told the DA what we wanted.

TexLawyer :

So, your mission at this point should be to reach that agreement with the DA. You can try to do this yourself, you can get your daughter a lawyer, or you can encourage your daughter to apply for court appointed counsel.

JACUSTOMER-au1m1lzi- :

How do I find out who the DA is?

TexLawyer :

What county are you in?

JACUSTOMER-au1m1lzi- :

Albany, New York

TexLawyer :

Here is the DA's website:

JACUSTOMER-au1m1lzi- :

Thank you so much for everything. Do I call and ask for a meeting?

TexLawyer :

If you want to do this on your own, just call and ask to make an appointment with the assistant DA handling her case. Keep in mind, however, that they are not required to meet with you, since you are not the person charged or the attorney for the person charged. However, in my experience, most are willing to listen. I just wanted to make you aware of that.

JACUSTOMER-au1m1lzi- :

So I would have to get the public defender to do it if they wont meet with me? Is that correct?

TexLawyer :

Yes. She can either get a public defender (if she financially qualifies) or she (or you) can hire a lawyer.

JACUSTOMER-au1m1lzi- :

Thank you so much. Can I contact you again?

TexLawyer :

Glad to help. Yes, you can reach me by posting a question to my profile here: http://www.justanswer.com/law/expert-texlawyer/

TexLawyer :

Can I do anything else for you?

JACUSTOMER-au1m1lzi- :

Thank you.

TexLawyer :

My pleasure. Can I do anything else for you?

TexLawyer :

If you have any follow up questions, feel free to ask. If not, please remember to "Rate" my answer before you go. Good luck to you and your daughter.

TexLawyer :

Can I help you with anything else?