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Hi ! My son Was sentenced yesterday for probation violation , can he appeal for it . He was a veteran suffering from

San Lorenzo, CA |

traumatic syndrome , and yes he also used drugs . I believed he need to be rehabilitate instead of jail time , please advise .

Attorney Answers 3


  1. These issues should have been brought up by his attorney during the Probation Violation hearing. If the Judge ruled on these issues, it can be appealed. His attorney should file a notice of appeal with the Court to preserve his right to appeal. The attorney can also ask for a sentencing modification.

    Seth Weinstein, Esq.
    Practicing throughout Southern California
    (310) 707-7131
    www.sethweinsteinlaw.com

    This reply should NOT be considered a legal opinion of your case / inquiry. At this time I do not have sufficient factual/legal documentation to give a complete answer to your question and there may be more to the issues you raised then I have set out in my brief reply.


  2. I've attached a overview of specialized veterans courts in California, which are intended to provide alternatives to incarceration for veterans suffering from substance abuse/mental health issues. There is a nationwide movement to better incorporate such specialized courts into state criminal proceedings but a California defense attorney would be better able to explain how it may assist in your son's case.
    http://www.courts.ca.gov/documents/veteranscourts.pdf


  3. You did not mention where -- that is, in what court -- your son was sentenced. Because you are in San Lorenzo, I will assume that the court was in that area. If so, your son should have the right to have an attorney appointed at no charge to handle his appeal. I have pasted the website of the agency which staffs those appeals: http://www.fdap.org/ You may want to give them a call.

    No attorney-client relationship or duty of care is created between the questioner and the attorney by virtue of this response.

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