Q: Why would a judge not offer a first time drug offender drug court in Mississippi?
My little brother was sentenced 8 years with 3 suspended. He was not given offer of drug court in court on a sale charge only prison time. He had talked with his presenting lawyer for two days and while in court the next time his lawyer wasn’t there another lawyer presented with “I’m your lawyer now.” but there is no legal document stating or showing the change. This is his first offense on a sale charge that doesn’t even prove or present legal document of the substance they charged him with. How does he file an appeal or what can he do? Please help.
A: It really depends. If you pleaded out, which it sounds like he did, then the possibility of getting post conviction relief is incredibly low. That being said, it sounds like there was a lot of miscommunication between your brother and the various lawyers. I'd be curious to know why he wasn't offered drug court or if he even requested. Typically, a client has to request drug court in order to be considered for it.
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