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Nate, Lawyer
Category: Criminal Law
Satisfied Customers: 10686
Experience:  Over 10 years of criminal defense practice.
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HI, My son recd a charge for possession of drug paraphenalia

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My son rec'd a charge for possession of drug paraphenalia and his deadline is tomorrow. He is 19. We would like to find out how to approach the court/ judge to lessen/ reduce the order because he has been evaluated by a psychologist as having High Functioning Autism Spectrum Disorder...left the university last fall inspite of A's, became overwhelmed, and began to experience severe anxiety and depression. He is a good kid, not a drug addict or substantial user. He has been in therapy since Jan 2013, and has been recommended to seek an inpatient therapy center since his diagnosis to receive training and tools to deal with his deficits.

How do we approach the judge with this information?

Thank you, XXXXX XXXXX you can help!
My name isXXXXX have been a licensed attorney for over ten years and will be assisting you today.

You mention that his deadline is tomorrow. What is that deadline for with the court?
Customer: replied 3 years ago.

he rec'd the original court date and orders on July2, then they gave him 3 months to comply with the deadline tomorrow is the 3 month time limit to comply at the County Court- Summit County UT. this is a class B misdemeanor charge.


Okay. Were the orders regarding complying with treatment?
Customer: replied 3 years ago.
  • the orders said to get a Substance Abuse Evaluation, (which he has),
  • random drug testing (which he has not done, but tried- strange way they administer this by calling to get a color...he never got a color),
  • 20 hours of community service (which he has not done, made lots of appts but cannot perform due to anxiety) I know this seems like an excuse...but it is a real problem for him. He has been seeing drs and been on different kinds of medication. No results.
  • Also a fine or more comm service


the paperwork says Plea in Abeyance

Okay. I'm clear on what is going on now.

He needs a letter to the court from his psychiatrist including that offers both his diagnosis and the limitations it places on what he is able to do, along with the continued plan for treatment. The court is interested primarily in the assessment and further treatment. With that information the judge will likely schedule another status date to see how he is doing with his continued treatment and other requirements.

If you have more questions please feel free to ask. I'll be happy to answer them. If you do not, please do remember to rate my service in assistance to you today.

Customer: replied 3 years ago.

The psychologist provided a copy of the Psych eval. Not a letter. But within the psych eval is a recommended treatment (14 page doc).


Should I write the letter? like a cover? with points to which page to look at. Most of the info is not relevant to a judge (intelligence test, family history etc)

It can never hurt to add a cover letter. The judge most likely will review the entire report in my experience, though.
Customer: replied 3 years ago.

what does a plea in abeyance mean?

It's mean he has not been found guilty and in exchange, is doing what we have been discussing instead.
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