a friend was previously arrested for burglary, did his time an got out on work release and 3 yrs probation, its been about 2 months he keeps putting off meeting with his probation and the DA is trying to charge him with more house burglarys, now there is a warrant for his arrest. if he does not turn himself in what are the consequences and about how long will he be in jail if he does turn himself in. He also has a bad case of ADHD an he is bi polar and cannot control his actions at many times.
DUI / DWI Attorney
Well the police can arrest him at any time. He needs an attorney.
Mr. Driessen is a former Deputy DA in Orange County with over 8 years of criminal law experience. Nothing stated on this site shall in anyway be construed as legal advice, or as creating any attorney client relationship. If you would like to hire Mr. Driessen, feel free to contact him at www.theocduiguy.com.
If there is a warrant out for him the police could come looking for him, and they could do so at any time. Even if they don't bother to do that, any contact he has with the police will turn up the warrant and could result in his immediate arrest. It can happen at an inconvenient time, and a warrant can last forever. A traffic stop ten years from now could get him arrested while he is trying to get his wife to the hospital. Is that the way he wants to live? I suggest that he get an attorney to help him resolve this problem before it gets any worse.
Criminal Defense Attorney
First, if your friend is an unmedicated bi-polar he needs to get to the county department of mental health and get seen. I assume he doesn't have medical insurance. If he does not, he needs to get on Medicare immediately so that he can get diagnosed and treated and stabilized. An unadult bipolar male who is unmedicated and out of control at times will get progressively worse unless he is treated.
If he goes to jail after turning himself in, he will be in jail on a violation of probation, which can stretch out for weeks because there is no statutory time limit within which the prosecution has to conduct the violation of probation hearing. That will give the police plenty of time to interview him in the jail or, if the house burglaries are numerous, to put someone in his cell to whom he can conveniently confess.
At that point, then, it will be up to his attorney to suspend the proceedings, have him evaluated, and possibly put on a mental defense or otherwise handle the intent component of these offenses. I would hope that s/he would do that, but very few defense attorneys have even the most basic understanding of mental health conditions and how they can impact on criminal behavior. There is still a lot of prejudice about conditions like bipolar disorder (which is, in most cases, genetically based) by everyone, defense lawyers included, and that prejudice tends to make people marginalize the mentally ill and regard their illnesses as "character flaws" or "faking it."
If he is sentenced to state prison, he will never get the mental health treatment which is necessary.
He needs to address his mental health immediately. Do what you can to help him through the process of getting the aid he needs to get treatment. However, do not be surprised if he refuses. It is a standard behavior for the unmedicated adult bipolar male to think he's just great and that he doesn't need treatment. Best of luck.
Criminal Defense Attorney
Its imperative that he retain counsel so that he can attain not only legal representation, but also mental health services. There is no benefit to putting off turning himself in unless he gets mental health services and they make the authorities aware of where he is and the warrant can be stayed.
This does not create an attorney-client relationship. That costs money and this is free.
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