It all depends on the circumstances and his criminal history, but he needs some expertise from a criminal defense attorney ASAP. There are possible programs, depending on your jurisdiction, regarding drug issues and mental health ones. Incarceration will not fully address the deep problems. Consult an attorney right away regarding this.
Any response given is not to be taken as legal advice or to create an attorney client relationship.
He may get probation. If he does, it will likely be with in-patient treatment in a dual-diagnosis program where both his mental health and substance abuse issues are addressed. This is certainly what his attorney should be fighting for. However, his criminal history and the facts of his case will be the most influential factors. If he is sentenced to pen time, they will likely put him in a mental health unit within TDC.
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The answer to your question depends on a lot of things that an attorney would need to evaluate in deciding what the best course of action might be for your brother. It sounds like he has a serious problem with mental health and drugs. There are no easy solutions for these problems but inpatient treatment may be an option and probation may be an option. Without some sort of treatment, your brother would not be a good candidate for probation since it would likely set him up for more jail time down the road.
You need an experienced attorney to help advise you and your family as to how to proceed.
If you would like to discuss specifics with me or you have questions, you are welcome to contact me directly.
Carmen M. Roe
Attorney at Law