Nashville, TN asked in Criminal Law for Oklahoma

Q: If my friend already plead no contest & is in mental health court & was to go to treatment but didn't can i find a lawye

Would it be better if I got him a paid attorney

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1 Lawyer Answer
Tracy Tiernan
Tracy Tiernan
  • Criminal Law Lawyer
  • Tulsa, OK
  • Licensed in Oklahoma

A: I’m afraid we’re going to need a bit more information before we can give you any meaningful direction.

But it sounds like you have a situation where a public defender or indigent defense attorney was appointed for someone who was sitting in jail as the case was making its way through the court. Further, it sounds like they have waived all their rights to Trial after agreeing to a plea bargain that involved their entry into an “alternative court program.”

What I CAN tell you is that once you waive all of your constitutional rights to trial in a criminal case and enter into an alternative court program (such as Drug Court, Mental Health Court, or Veterans Court) you will typically be required to sign a a type of contract. The contract is usually entitled “Exhibit A” or something like that.

This “Exhibit A”contract will generally recite two different scenarios, one describing the consequence of successfully navigating the alternative court program, and the other describing the punishment for failing to do so successfully.

A typical reward for successful completion of the program might involve no incarceration and the dismissal of all charges, while a typical punishment for failing to complete the program will often involve something quite distasteful, such as a conviction for the charge or charges, and oftentimes even incarceration in jail or prison.

You need to contact a seasoned criminal defense attorney who can look into this matter and provide you with more specific guidance and assistance.

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