Asked in Probate and Criminal Law for Georgia

Q: My sister was sentenced to RSAT she's been sitting at county for 4 months now, is there some kind of motion she can file

To go to another program like six months at probation detention center

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA

A: In Georgia, if your sister is currently waiting to be placed in the Residential Substance Abuse Treatment (RSAT) program but wishes to explore alternatives like a Probation Detention Center, there are legal steps that can be taken.

First, it's important to consult with her attorney or a legal professional who can evaluate her specific situation. They can determine if filing a motion for alternative sentencing or program placement is appropriate and viable in her case.

Such a motion would typically be presented to the court that handed down the original sentence. In this motion, it’s crucial to clearly outline the reasons why an alternative program, like a probation detention center, would be more suitable for your sister's circumstances. These reasons could include her current status, her specific needs, or concerns about the delay in placement.

Supporting evidence or documentation that highlights the benefits of the alternative program would strengthen the motion. This could involve expert opinions, medical records, or any relevant personal history.

Remember, the decision ultimately rests with the court, and it will consider various factors including the nature of the offense, her criminal history, and the specifics of her case. It’s essential to approach this with thorough preparation and a clear understanding of the legal process.

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