Q: Am I facing jail time? Or will they let me do rehab? Respondent has asked for jail time or rehab.
In KENTUCKY- facing assault fourth degree, public intoxication 1st & 2nd offense, breaking terms of release on an ROR,& criminal mischief. Separate dates of charge but they’re making me go to court at the same time for both. The respondent is my baby daddy ‘& he has asked for highest charge possible or substance abuse treatment. I have a bed waiting for me at a rehab but cannot go without medical clearance & cannot get that until AT LEAST the day after court due to having a scabies infection. What is going to happen???
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A: In Kentucky, facing charges such as fourth-degree assault, public intoxication, breaking terms of release on an ROR, and criminal mischief presents a serious legal situation that could potentially lead to jail time, depending on the specifics of your case, your criminal history, and the discretion of the court. However, courts often consider rehabilitation programs as an alternative to incarceration, especially in cases where substance abuse is a contributing factor to the criminal behavior. The fact that you have a bed waiting at a rehab facility and are seeking medical clearance for treatment could work in your favor, showing the court your willingness to address the underlying issues. The preference of the respondent (in this case, your baby's father) for either the highest charge possible or substance abuse treatment will also be considered, but the final decision rests with the judge. It's crucial to communicate your situation regarding the rehab facility and medical clearance to the court, possibly through your attorney, who can advocate for a sentence that includes rehabilitation rather than jail time.
Timothy Denison agrees with this answer
1 user found this answer helpful
A: Most likely, they will refer you to the rehab facility, especially if this is your first time.
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