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Old 04-15-2014, 10:35 AM
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Default Contempt of Court for failing to complete Drug Court due to illness

After a friend was court ordered to a "1" st time offender drug program for a simple possession of marijuana under 30 grams. He tried with everything in his power to meet the requirements. Unfortunately he fell ill with immune deficiency disease which caused missed work. No way of transportation as the nearest court watch is 30 mins from his home and due to simple possession charges license were suspended. He just got them reinstated last week. No $ to afford an attorney/lawyer, his illness has him continuously sick on the multiple medications that he takes. His hours on the job have been cut back. He also doesn't want to disclose this in fear of loosing his job, which is the only little source of income he has coming in.He has to appear for court in May. He tried all that he could to comply. He has no priors or record. I feel sorry for him, because he is thin as a frail with the disease and when he get's sick he is sick this is a chronic illness that can become fatal if he isn't taking care of himself. Another friend of our suggested he get a public defender and his medical records. He cannot afford a criminal defense attorney. Myself and another family member
already posted his bail, as they even put a warrant out for him not being
able to complete the drug court. He begged for the officer to work with him at drug court and they wouldn't ,so his contempt of court happens next month with the judge any suggestions, other than what was suggested with a public defender in medical records?? This is a financial hardship all the way around for him. His medication is over thousands of dollars. Feel really bad for him

Thanks in advance
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Old 04-15-2014, 11:12 AM
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I've moved your thread to the Prison Legal Help! forum because your questions are more "legal" than "general."

I would think he'll be appointed a Public Defender at his court date. If he can go ahead and get his medical records together and possibly letters from his doctor(s) that should help as well.
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Old 04-15-2014, 02:21 PM
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Assuming it's criminal contempt, he'll get the PD. He's going to have to sign HIPAA releases and get his medical records to his PD and the Court. His medical records better back up an inability to travel 30 minutes (i.e. his doctor better not be further away than his drug program) and his inability to comply. Hope he's also documented his attempts to contact and negotiate with his drug program. He should also talk with his attorney about potential strategies for backing up a "too sick to go" defense without being hospitalized.

An actual trial date will eventually be set whether this is civil or criminal contempt. If it's civil contempt, he needs to come up with his own defense, be able to back it up with documentation, and be prepared to have his ass chewed. Hope he's up to date on fines and restitution and still has his job, and can pass a UA to show that he deserves to be out, continuing to be a contributing, if sick, member of society.
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Old 04-15-2014, 07:04 PM
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He actually does have his medical
Records. He can't afford an attorney, and
He doesn't have health insurance as of now.
His HIV disease has him very ill. He was afraid
To disclose with drug court because of fear of
Termination. Mississippi is a decriminalize state
With Marijuana possession less than 30 grams.
His 3different medications make him sick too,
His hours were cut back as he missed work as well because if this. He has absolutely no family here, suspension of license made it very difficult
For him to get around. His job is only 15mins away. With his illness, no transportation and cut hours on the job it gave him unbelievable
Hardship financially. He really wanted to complete program and still willing to try.
The drug court has there rule and could
Not continue rescheduling when he got ill.
Any other suggestions.

Thank u for responding
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