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My brother is in drug court in Stuttgart Arkansas. He is…

My brother is in...

My brother is in drug court in Stuttgart Arkansas. He is currently incarcerated in the Arkansas County Detention Center in Dewitt Arkansas because he tested positive on his last drug test. He is struggling because he does not have a good support system in Stuttgart and all the drug people keep coming around and tempting him. He needs the support of his family and good friends to help him in his recovery. I want to get him back to California to live with me and be surrounded by people who love and support him. How do I go about getting him transferred to a drug court and probation officer here in San Diego Ca? I have lost one brother to an overdose and do not want to loose my now only brother.

Lawyer's Assistant: What state is this in? It matters because laws vary by location.

Arkansas

Lawyer's Assistant: What steps have been taken so far?

None, as of yet.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not sure

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Answered in 7 minutes by:
3/22/2018
Zoey, JD
Zoey, JD, Lawyer
Category: Family Law
Satisfied Customers: 31,335
Experience: 18 years of litigation experience.
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Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

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Unfortunately, there is no provision to transfer a Drug Court case from one state to another. It's not like probation, which is standardized nationwide. Drug Courts have differences from one state to another.

Your brother could talk to his treatment team and/or involve his original lawyer. It is possible that something could be negotiated which would allow him to get resentenced to straight probation which, if that could be accomplished, would allow him to transfer to another state. However, he would lose the benefit of drug court. That is to say, he'd end up with the conviction on his record.

In my experience with Drug Court in my state, the treatment team and program representative work hard to keep people in the program away from all of those people, places and things who could cause them to reoffend. If your brother shares his concerns with the people there to help him, there are things that can be done. A change of program, for example, might help if he's running into people regularly when attending the one assigned to him now.

But while I have sometimes seen a Drug Court judge allow for someone to drop out of the program and get probation when there are special problems that make dropping out necessary, there's no provision to transfer to Drug Court to another state.

Zoey, JD
Zoey, JD, Lawyer
Category: Family Law
Satisfied Customers: 31,335
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Customer reply replied 3 months ago
Thank you! He feels that he is not getting the support from his probation officer and that she keeps telling him he is not going to make it. He does not have an attorney. Is it possible to get a public defender?

In my experience, the Court would have its own defense attorney permanently assigned to the Drug Court program who is specifically there to serve the needs of the patients in the program. He may not even realize that he's got a lawyer available to him, so he should look into that by asking his program rep or someone on the team in the court. Otherwise, a public defender would have to be appointed by the Drug Court judge, which means he'd have to ask the judge for one.

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