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Jack R.
Jack R., Lawyer
Category: Criminal Law
Satisfied Customers: 6147
Experience:  OHIO//Texas Attorney Civil/Crimnal Practice
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I have a 26 year old son who has a Heroin addiction and no

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I have a 26 year old son who has a Heroin addiction and no significant criminal history. He has been in drug court, inpatient rehab, and multiple outpatient counseling.Recently he took my credt card (on two occasions) and charged a total of $98. I am considering pressing charges in hopes of getting him off the street and forcing him to get help. The police have informed me it is a Felony charge. Is it possible for a judge to order longterm inpatient treatment or a shock incarceration rather than prison? If not, what is the sentence for this crime?

Thank you for choosing Just Answer. My name is XXXXX XXXXX I need a little more information to properly assist you.

 

Has you son as an adult been convicted of any criminal charge ?

Have you pressed charges against your son ?

What state did the crime occur in ?

Customer: replied 3 years ago.
He has been convicted of possession and currently awaiting sentencing on a reduced charge of attempted possesion of stolen property. This was reduced from a felony. We are in New York State.
Customer: replied 3 years ago.
And no, I have not pressed charges yet.

Your son would be charged with Grand Larceny in the 4th degree for taking a credit card. This is a class E felony punishable up to 4 years. The judge has substantial leeway and can provide a sentence of less than a year.

 

If your son has been previously sentenced to rehab it is unlikely a judge would repeat that option. Your son's attorney and the prosecutor can work out a deal. The fact that your son is a repeat offender could also influence the judge to issue a harsher rather than lighter sentence if not recommendation is negotiated with the prosecutor.

 

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Customer: replied 3 years ago.
He has never been sentenced to rehab, he went willingly. Can a judge sentence him to inpatient rehab? Can a judge order shock incarceration?

Your son is not being charged with a drug offense he is being charged with theft. Rehab is not something that would be on the Judge's mind with respect to sentencing. This is a plea deal you would need to make with the prosecutor.

 

The shock incarceration program is something your son would have to apply for and be accepted into. Inmates can be placed in the program once they are within 3 years of release after serving a portion of their prison sentence in general confinement. A judge could not directly sentence an individual into the program.

 

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Customer: replied 3 years ago.
Thank you very much Jack.

You are very welcome. Please remeber to rate me highly when you are surveyed.

 

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