I am doing a open plea of guilty in Dallas, County for 5 Felony cases, It is my first time being in this kind of trouble. My charges are 2 (Poss. With Intent to Deliver) 2 (Unlawfully Obtaining of CS) 1 (Possesion of a CS).. They want me to go to Wilmer Rehab Facility for alcohol when none of my cases involve alcohol. I haven't even drank in over 6 months. Is it possible to get Out Patient so I do not lose my job and my career.
You are required to follow what the court orders. Unless a court order can be shown to be illegal, a person has to follow the sentence handed down from the court.
Of course, if you know what the sentence is going to be and don't want it, you don't have to plead guilty. On the other hand, there is still the chance that you could be found guilty after trial and still be sentenced to this (or something worse).
This is not to be considered legal advice nor does an attorney-client relationship exist.
I'm going to assume by the deal in place and doing an open plea, you have an attorney. You need to consult with them about the plea agreement. You can always plea bargain the place where you want to do your rehab with the prosecutor. However, if you go to the judge with an open plea you are at his command. Some judges will allow you to go to the rehab facility of your choice depending on if your insurance company will cover the cost and other various reasons. This all depends on the specific facts of your case. Again, I would advise you to consult with your attorney on this issue who will best understand the specifics of your case and your judge.
***This advice does not constitute an attorney-client relationship.***
Your question is confusing in that you say that "they want you to go" yet you will be pleaing guilty open to the Judge. Normally, "they" would be the prosecutors which means that your attending Wilmer would be a condition of your plea bargain agreement. If you do have a plea bargain agreement then your attorney should be the one to discuss your need or lack of need to attend the alcohol program. If there is no plea bargain agreement and you go open to the Judge for punishment, you are bound by his decision and can only appeal it under certain circumstances. Being sent to a facility that you don't want to go to is generally not an appealable issue.
Good luck to you.
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