What will happen if a rehabilitation center had a relapse and still want the patient to continue their counseling? 2 Answers as of February 03, 2012

My loved one was arrested for drug possession (first time) and offered outpatient drug rehab to attend 5 times per week until the counseling center deemed necessary. Of course after 6 months they had a relapse and stopped attending and now they are calling me scared to go to their scheduled court hearing for fear that they will lock them up. I am not sure but does anyone know what happens in this type of case. The amount on their person was not a large enough amount to be charged with besides possession of illegal narcotics. I am not looking to rescue them but it would be good to stay informed.

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Law Offices of John Carney
Law Offices of John Carney | John Carney
You have not given me enough information to tell you what the consequences will be but her attorney can give you his opinion. When a person with no record is charged with misdemeanor possession of drugs like cocaine or heroin they are often placed in drug court or in a treatment program. When they use drugs or fail to make their sessions they are sanctioned. Usually it is a few days in jail the second time, then a few weeks, and after that they are usually sent back to the judge and sentenced to 6 months or a year in jail.
Answer Applies to: New York
Replied: 2/3/2012
Law Office of Jared Altman
Law Office of Jared Altman | Jared Altman
If the defendant is not yet convicted then all the judge can do is increase the bail which could be a problem.
Answer Applies to: New York
Replied: 2/3/2012
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