DEALING WITH MY **** ADDICTED SON AND CAN THE JUDGE ORDER REHAB

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DEALING WITH MY **** ADDICTED SON AND CAN THE JUDGE ORDER REHAB

MY SON IS 18 AND HE HAS STOLEN OVER A 1,000 DOLLARS FROM US NOT TO MENTION ITEMS HE HAS SOLD FOR DRUGS. IF WE PRESS CHARGES CAN WE PUSH FOR HIM TO GO TO REHAB TO GET HELP?

Asked on June 16, 2009 under Criminal Law, Virginia

Answers:

M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The general rule is that the alleged victim may influence the prosecutor's decisions; however, the victim does not control, or dictate, what the prosecutor ultimately decides.   What this means, from a practical perspective, is that while a prosecutor may decide to listen to you and make rehab a condition of your son's sentence, release, probation, etc., a prosecutor could potentially decide to disregard your input and attempt to achieve any sentence that he/she sees fit, including a lengthy period of incarceration if applicable.  Therefore, having your son arrested as a means to get him into rehab is a risky gamble, and it may very well result in unintended detrimental consequences for your son.  Moreover, any conviction that your son would potentially receive as a result of his arrest could interfere with his ability to get a job if and when he eventually cleans himself up.  This is a very difficult decision.  Good luck.


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