Shoplifting, Larceny, Robbery, Theft Need Advice

[noles2002]

I have a situation hopefully someone can provide some legal advice on. Bother A stole electronics (tv, dvd, etc.) from brother b, and pawned them for drugs. Brother B reported stolen goods to police, which in turn picked up Brother A. He was arrested for Theft of more than $400, drug possesion, and dealing in stolen goods.

Are there options for Brother B besides sending Brother A to prison for 10 years. Is it possible for the state attorney to enter a plea deal - and have court ordered rehab/mental facilities rather than prison? He has been perviously diagnosed with BiPolar and Depression. He has been having drug and alcohol problems for years, but has truley hit rock bottom this time. I guess the question is, without letting him off the hook, it would be perferred for court ordered time in a mental/rehab facitility over prison time, where I doubt any good would come of this. I know if it had been anybody else that was the victim (not family) - this wouldn't even be an option. Is this something the state attorny's office/prosecuter could/would do?

Thanks

 

[seniorjudge]

Are there options for Brother B besides sending Brother A to prison for 10 years.

Bro B has no control over this.



Is it possible for the state attorney to enter a plea deal - and have court ordered rehab/mental facilities rather than prison? He has been perviously diagnosed with BiPolar and Depression. He has been having drug and alcohol problems for years, but has truley hit rock bottom this time. I guess the question is, without letting him off the hook, it would be perferred for court ordered time in a mental/rehab facitility over prison time, where I doubt any good would come of this. I know if it had been anybody else that was the victim (not family) - this wouldn't even be an option. Is this something the state attorny's office/prosecuter could/would do?

Looks to me like the only resort left is prison.

Can you think of a good reason to let this Bro stay on the streets?

 

[noles2002]

We don't want him out on the streets - just thought he could get better help in a mental facility rather than prison.

 

[calalily]

Have you talked with your brother's lawyer? Was he already on parole or probation; If yes then talk to parole/probation officer about a long term residential rehab and preferably one with dual diagnosis treatment (not the month or two month one). Dual diagnosis is drug addiction with co-occuring mental illness. Is his mental health documented? Is he getting state help (MHMR) with medications and counseling? Get him into those services. If he is homeless he'll qualify. They have lots and lots of services to help your brother. You could always talk to the DA yourself, but I advise you to first talk to the lawyer and write a letter to the court (BUT give to lawyer) stating how your hope is that your brother will get the mental health help and rehab. I really feel for you and know how difficult this is as I am going through the same thing with my son. He is in a drug court program and has been to rehab (60 days) and is bipolar (severe form) getting services through the MHMR program offered here. (MHMR = Mental Health Mental Retardation) Google that and it will provide you links to local services in your area. Good luck and keep us posted. His probabtion officer once she understood his mental illness and our willingness to help him really has gone to bat for him to try and keep him out of jail when he tests positive. The next step will be, if the judge allows, a long term residential facility for drug rehab if he comes up dirty again.