My brother was sentenced to a 1 year residential alcohol treatment program but we can't afford one, can we get it changed? He was charged with felony 2nd DUI W/Inj A & B, Felony H&R w/Inj, Mis H&R W/propery damage & Mis driving on a suspended from a prior DUI. The felonies were all reduced to mis, but they won't release him from jail until he's enrolled in a program, we can't afford a program now and the free programs all have a 6-8 week waiting list. He's been in since the middle of december. Is there anyway to get the sentence changed from a residential program to a out patient program with home detention? He has a court date in March to check that he has been enrolled which he won't be. We don't know what to do.
I think he's probably going to have to wait until the free program has an opening. But he should check with the lawyer who handled his plea. The lawyer will know all of the facts of the case, the predisposition of the judge and DA involved and will be the in the best position to assess your brother's chances at a sentencing modification. He might also know of other programs that are in your price range.
I would contact the attorney who handled the case. If residential treatment was the negotiated disposition, it may be dificult to modify it to out patient. There are some programs that will accept a resident if the family can assist financially for a short period of time. You may want to consider this option. Unfortunately, the waiting list time is not unusual.
It is also important to note that if your brother is unable to attend because of financial issues there MAY be an equal protection argument that would preclude the court from incarcerating him for his failure to attend. This would be a very fact intensive analysis that would require the assistance of a local attorney.
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