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My son was arrested on a recent theft of service charge , assault - family member,escape from custody &retaliation. The escape

Houston, TX |

charge carries a 5 yr. sentence & the assault charge may be dropped. All this is a result of his heavy untreated pain pill(drug abuse) use. Can we get him into a drug court instead of lengthly jail time? He also has a past criminal history (including two felonies)/

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Maybe. It will ultimately be up to the judge. Although his defense attorney may be able to reach an agreement for probation with treatment rather than pen time. This will depend largely on the DA assigned and the work of his attorney.

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Your son's situation ought not be looked at as a "standard" or "cookie cutter" type case. Whether prison can be avoided in his particular situation and set of circumstances is so deeply rooted in those specifics that no attorney on avvo could do more than offer you a wild guess.

Instead, you may want to talk these issues over with your son's attorney, or perhaps with another criminal defense attorney for a second opinion.

Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No attorney / client relationship is created by providing this answer. For specific advice about your situation, you should consult a competent attorney of your choosing.


I am not sure anyone can answer that question. Your son is obviously in a lot of trouble a prior felon with multiple new charges. The best thing you can do to help him is to ensure he has a very good criminal defense attorney in his area that can help him get the best result possible. Has a former prosecutor I can tell you the prosecutor is more likely to be thinking prison time than drug court, but good defense attorneys can sometimes change that.

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