Q: can a person with no priors, not an addict, be forced into impatient rehab based on an officer judging her looks?
She has Excema, and an officer suggested she go into a rehab facility based on her skin condition that day. No prior arrests, and she isn’t an addict. Was only charged with misdemeanor possession bc it was at her friends that she lives with. This is unfair and unconstitutional.
A: If the charge for misdemeanor possession sticks, then a judge could easily order that she report to a rehab facility. The decision would be made on the charge and conviction and not necessarily on her looks. If she has no priors, then it would be in her best interests to obtain a criminal defense attorney to try to get her pre-trial diversion. If she cannot afford an attorney, a public defender or other attorney can be appointed to represent her.
A: I don't think you have a complete understanding as to what is going
on in the criminal matter you have questioned. A law enforcement officer
has no authority to compel an individual into residential rehabilitation. From what little facts you have given I will guess that that at some court
appearance on the drug case a recommendation was made
for residential treatment. Usually those recommendations
come from defense counsel, the prosecutor, or the probation
department. Only the judge can impose residential treatment
as a condition of a pre-trial release or a condition of a sentence.
If the defendant has an attorney the attorney should investigate
the need for residential treatment and be prepared to show
the judge the treatment is or is not necessary.
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