My wife pleaded guilty for felony DWI, 3yrs DOC and probation, to enter the mental court. Recently, she was removed from the court due to few violations (no further investigation nor testify), I strongly believe false accusations. She will go back to criminal court and wait for her sentence.
1. Can she appeal to the mental court for reconsidering the decision? If so, how?
2. Can she ask for court appointed lawyer to discuss her sentence since she completed 40dys jail time, fine, community services...etc.?
3. Is it possible to ask for alternatives like house arrest or staggered sentence? She has serious mental illness. Her mental condition needs to be monitored. If she goes to prison, her structured lifestyle learned in the mental program will be gone…
It really depends on what you and she are prepared to negotiate for. Are you open to maybe 3 months away at a secure location where she can get some of the help she needs for her issues? Can you pay some of these services? She should have the right to a probation hearing and maybe these issues can be handled there. Really depends on the judge and the prosecutor. Best of luck.
With this being a felony matter and your wife having these serious psychological issues, it is absolutely imperative that she gets an attorney working for her ASAP. Find a few experienced DUI attorneys in your area using this website, then make some calls with them to discuss her situation and whether you can afford representation for her. If not, then yes, she should absolutely seek a court appointed public defender through the court system.
Since she has 40 days in jail you should be able to get credit off any sentence for the time she has served. You should first see if she needs any additional inpatient treatment and get her stabilized. The Court will look for stability and will reward her with a lower sentence for taking control of her condition and treating it. House arrest is a very good possibility that I always try to get as it is better for her treatment and the prisons don't like dealing with mental illness. If this is structured just right she can get the treatment and care she needs and the smallest sentence possible.
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