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

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

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.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.