DUI VOP/ Battery/ Threatening a Law Enforcement Officer

Facts: Our client entered a plea to a DUI which required probation. During the time on probation client was accused of getting into a physical altercation with her adult daughter and a warrant was issued. When being arrested on the warrant our client was intoxicated and not on her proper medication and ended up becoming belligerent with the officer and was also arrested for threatening a law enforcement officer. These two new charges resulted in a no bond warrant for a violation of probation.

Results: The first thing we did was ensure our client was in treatment so that we knew she was safe. We then filed a motion to set a bond on the Violation of Probation so that she could remain out of custody. That motion was granted and our client completed treatment. However, the program she was enrolled in was for substance abuse and was not designed to treatment mental health conditions along with substance abuse and she was struggling to stay on track. We managed to get our client in a program that addressed mental health and substance abuse. Once she was discharged and on proper medication we discussed with her the possibility of participating in mental health court program to allow her to remain on her proper medication and get ongoing treatment as an alternative to jail. The state attorney’s office was not in agreement so we filed a motion and had a hearing in front of the judge. Ultimately, the judge agreed with us and believed our client was appropriate for the program and admitted her to mental health court over the state’s objection!