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Should I check into an inpatient treatment program before…

Customer Question
Should I check into...

Should I check into an inpatient treatment program before trying to fight felony drug charges that if found guilty stipulate a 3 year minimum mandatory sentence? I'm concerned this would say that I'm guilty and that the time won't be counted towards my potential 3 year sentence regardless. Can the Judge lower a mandatory sentence?

Lawyer's Assistant: What were you convicted of exactly? Have all your appeals been exhausted?

I have jury trial in 2 months, and my lawyer doesn't think I should file any appeals. Hes suggesting treatment so he can try to ask for a plea bargain again. Is there a chance he would be pushing this so he doesn't risk going to trial and losing a case? I feel as though it may be worth fighting and no showing guilt by enrolling in treatment.

Lawyer's Assistant: In what state did this occur?

ND

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

No that is all.

Submitted: 1 month ago.Category: Legal
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Answered in 1 minute by:
3/16/2018
Lawyer: Zoey, JD, Attorney replied 1 month ago
Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 30,017
Experience: Active member of the NYS bar since 1989
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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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Lawyer: Zoey, JD, Attorney replied 1 month ago

I can't tell you what to do, but I will say this. Sometimes putting yourself into inpatient treatment works to get around a mandatory incarceratory minimum. When I've seen it, I'm not talking about rehab or a short-term program. I'm talking about a reputable 18-24 month inpatient treatment program.

The prosecutor may scream. The judge is likely to issue a warrant. But nobody is likely to pull you out of a drug program to arrest you on the warrant. And if you come back having successfully completed the entire program with glowing reports and having turned your life around, I have known prosecutors to dismiss the charges.

Do they have to do that? No. They don't. And you're right. Time in a treatment program would not count towards an incarceratory sentence. So it depends on why you're doing this. If it's just to evade prison, it may be a bad idea. But if you're really committed to beating your sustance abuse issues, it may be a good one.

Talk it over with your lawyer.

Alternatively, voluntarily going into a short term inpatient program may be something that could cause the prosecutor to reduce charges to avoid the mandatory minimum. A judge can only give you the mandatory minimum on a plea to the charge. The prosecutor has the power to do reduce that charge or to dismiss it and substitute a different charge for the purposes of a disposition. Whether it's likely he'd be willing to exercise that power to help you would be something your lawyer would know better than I would, since he's dealing with that prosecutor.

Whatever you decide, good luck with your decision.

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