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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27450
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I live in nc i am in drug court can i tell judge i want to

Customer Question

i live in nc i am in drug court can i tell judge i want to opt out of program
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: nc
JA: Have you talked to a lawyer yet?
Customer: was told to talk to a lawyer who is part of drug treatment team and she was very rude and didn't know if i could hire my own private attorney to go to court with me
JA: Anything else you want the lawyer to know before I connect you?
Customer: not that i know of
Submitted: 4 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 4 months ago.

Hi,

I'm Zoey.

I'm reviewing your post. Please be patient as I may need to research for you, and I may also have to respond to other customers.

Customer: replied 4 months ago.
hello anyone there
Expert:  Zoey_ JD replied 4 months ago.

Yes, but if you don't give me time to type an answer, it's going to take longer than if you are patient.

Expert:  Zoey_ JD replied 4 months ago.

As a criminal attorney who represented many clients in Drug Court, I can tell you that if you would rather do the prison alternative, the judge will be happy to let you out of your obligation. I'm sure that's probably not what you want, however.

The judge does have the discretion to let you out of treatment court but for anything other than the prison alternative -- such as straight probation -- the DA would have to agree to it. In my experience, now and again Drug Court clients were allowed to be released from their obligations and were able to get straight probation, however, each of these had a special reason for needing to leave the program other than the fact that it was difficult and they didn't like it. For example, most had a serious or terminal medical condition.

So you can bring in a private lawyer and see what he can try to do for you. He or she may be able to make a compelling case for you that will work. But you committed to a contract, so it's not an easy exit.

Customer: replied 4 months ago.
can you not ask for house arrest to do your time instead of i a jail cell
Expert:  Zoey_ JD replied 4 months ago.

You can ask for anything you want. For anything other than what you contracted for, however, you need both the judge and the DA to agree to let you do this.

The problem is that you have already pled guilty and are already serving a sentence for which the alternative was agreed upon on your sentencing date. They do not have to let you alter the terms of your plea, and in my experience, they will only let you do that for a compelling reason.

It's like trying to take any plea back once you've begun your sentence. Judges try to make those pleas airtight and it's very difficult to reverse them when it's all over the court record that you agreed to the deal you got.

I have seen a handful granted but they were exceptional cases. Still it can be done. So talk to a private lawyer and see what he thinks he can do.

Expert:  Zoey_ JD replied 4 months ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.