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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 .

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Attorney answers 3

Posted

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.

Posted

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

Gayle Anne-Marie Gutekunst

Gayle Anne-Marie Gutekunst

Posted

Excellent helpful response - we can sometimes forget about these resources.

Posted

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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