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My brother suffers from mental illness & substance abuse he has been charge with Drug Possession. Can he get probation ?

Houston, TX |

My brother Kenneth who suffers from mental illness who was charge with Drug Possession I n -which he has been end out of the Mental Hospital for mental issues as well having a self medicating him self with street drugs for his medicine for  Schizophrenia for a year now myself and my mom have been trying to get him help before this issue of him being charge with Drug Possession because my brother has not been taking his medicine instead he takes street drugs ( cocaine). Moreover we call the police because we see that my brother was having mental psychosis in which we did know that my brother was carrying any thing on him when we call for the police to handle call for mental issues with my brother over 20 times of them being call out and take him to mental hospital ,committing for drug use

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Attorney answers 3


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