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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27460
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Can anything be done when a drug court judge is not being

Customer Question

Can anything be done when a drug court judge is not being fair with sentencing?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.


Drug Court involves a contract between the defendant and the judge. The terms of that contract are agreed upon in advanced and the parties sign off on that, without which the defendant cannot enter the program.

When at some point later a defendant fails at the program, the amount of time the defendant will be resentenced to is, as I already indicated above, predetermined. So if the judge is imposing the agreed upon prison alternative, it is not the judge who's being unfair.

If this is not the kind of situation you're talking about, please explain why you think that a defendant should be allowed to breach his contract with the court and that the court should reward him for it. Or if the judge changed the terms of the contract and there is an unfairness issue, please explain.