QUESTION
What kind of rehab plan will the judge accept?
Asked on Jun 05th, 2012 on Drug Crimes - Illinois
More details to this question:
A friend was arrested last summer and originally charges with manufacturing, intent to distribute and posession of meth. He hired an attorney who we both feel is incompetent and are quite sure the judge and state''s attorney and others in ther courtroom share the same sentiment. During his last court appearance a 402 conference was called and the judge gave him a choice of coming up with his own rehab plan or going to the county jail for their rehab plan. He needs to have a plan by his next court date. Any ideas on what plans the judge will buy into? Any ideas on dealing with the incompetent lawyer? We both feel he would have been better off with a public defender. We were misled into believing the charges had been dropped to possession but now think the intent to distribute is still a charge. Cook County and Chicago is where this is taking place.
1 ANSWER
Lori G. Levin
It may be difficult, and expensive, to find a rehab program that will be acceptable to the court. That being said, many hospitals offer such programs with aftercare. Some health insurance programs may cover such costs.
The court is familiar with the program at the Cook County Department of Corrections and the aftercare monitored by TASC (Treatment Alternatives against Street Crime). TASC, whose administrative offices are located at 1500 N. Halsted in Chicago, may also be a good resource, not only for alternative programs but also to explain their services.
Your friend should contact his attorney to discuss his options as well as to gain a thorough understanding of what occurred at the 402 conference. The 402 is a plea conference, under Illinois Supreme Court 402. If the charges will be reduced, it is generally discussed during the plea conference. The State's Attorney's Office generally does not reduce charges unless and until there is a plea pursuant to the conference. Only your friend's attorney can discuss the conference with him and any and all plea offers.
Lori G. Levin
Attorney at Law
180 N. LaSalle, Suite 3700
Chicago, IL 60601
312-972-3756
levin@lorilevinlaw.com
www.lorilevinlaw.com
Answered on Jun 20th, 2012 at 7:02 AM