Can I change my court ordered inpatient treatment to outpatient treatment?

UPDATED: Oct 1, 2022

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Can I change my court ordered inpatient treatment to outpatient treatment?

I am on probation for a disorderly conduct charge brawling/fighting. This charge was 2 years ago. I was sentenced to a year probation, outpatient treatment, counseling and domestic violence classes. I did not do treatment or domestic violence classes in that first year. I kept finding my way out of it and they were not being pushy. I violated last year when I failed a drug test for cocaine. I sat 7 days in jail. I was ordered to do all of those things again. I did not. I violated again about 3 months later when I failed a drug test for alcohol. I ran from my warrant for 3 months then turned myself in. I sat 2 weekends in jail and was ordered to do all of those things again. I did. I attended out-patient treatment and was sober and passing all of my drug tests. I completed my domestic violence class and have been seeing a counslor. I just recenetly relapsed and got caught and sat 4 days in jail and got kicked out of out-patient treatment. I was ordered to start in-patient treatment within about 2 months coming up. Also, I am doing 3 times daily alcohol breath testing. I have a steady job and 2 children. There is only one other person here who knows how to do my job and she already has a different job here. I do not want to be away from my job for a month, not making money for my boys, and being away from my boys.

Asked on June 28, 2018 under Criminal Law, Minnesota


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can only change it with court permission--there is no right to change to out-patient treatment, but rather it must be something the court agrees to. Approval for the change is more likely if the prosecutor's office also agrees voluntarily to it, too, but if they don't, you could make a motion (a legal filing; how you request the court to do something) to the court and ask the judge to reconsider or revise the ruling, even off the prosecutor's opposition. For a motion to have any chance of success, you need to follow the right procedures and court rules; need to cite (or refer to) law or prior cases supporting your request; and need to describe the facts in a way that fits under the law supporting your request. Your chance of success if *much* higher if you retain an attorney to help you: the lawyer will know how best to approach the prosecutor to see if they will agree, will know how to make and file a motion, and will know or can research the law. If this is important to you, hire an attorney to help.

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