Alcohol & Drugs: MIP, MIC, Intoxication One charged in Alcohol MIC; all others got diversion

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plmarlar

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My granddaughter and several others were charged with alcohol MIC but the County Attorney let everyone off with diversion except my granddaughter. My daughter tried talking to the County Attorney about it. She said that he didn't think my granddaughter felt she was accountable for her actions or that she has any consequences, and questioned her character or something. My daughter was present at one of the meetings where he questioned everyone individually. She said that my granddaughter challenged two of his questions, and he didn't seem to like it. He also said that he wasn't going to change his mind. My granddaughter decided to go in voluntarily and do a drug and alcohol screening (not a drug or alcohol test; just questions). My daughter said that someone from the screening place called her and let her know that the County Attorney called them to have them put that my granddaughter should be placed in outpatient therapy. However, the person said that my granddaughter's screening results were "low risk". I would like to know if the County Attorney was unjustified in calling them to do this? This is my granddaughter's first offense. Is there any recourse to fight him on the charges: (1 To turn this into diversion since it is my granddaughter's first offense and he gave everyone else diversion, and 2) throw it completely out or charge him with something for "false communication" or "unjustifiably exposing" my granddaughter? I'm not saying that she did not do anything wrong, it seems she is being treated unfairly. Thanks. Worried Grandmother
 
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My granddaughter and several others were charged with alcohol MIC but the County Attorney let everyone off with diversion except my granddaughter. My daughter tried talking to the County Attorney about it. She said that he didn't think my granddaughter felt she was accountable for her actions or that she has any consequences, and questioned her character or something. My daughter was present at one of the meetings where he questioned everyone individually. She said that my granddaughter challenged two of his questions, and he didn't seem to like it. He also said that he wasn't going to change his mind. My granddaughter decided to go in voluntarily and do a drug and alcohol screening (not a drug or alcohol test; just questions). My daughter said that someone from the screening place called her and let her know that the County Attorney called them to have them put that my granddaughter should be placed in outpatient therapy. However, the person said that my granddaughter's screening results were "low risk". I would like to know if the County Attorney was unjustified in calling them to do this? This is my granddaughter's first offense. Is there any recourse to fight him on the charges: (1 To turn this into diversion since it is my granddaughter's first offense and he gave everyone else diversion, and 2) throw it completely out or charge him with something for "false communication" or "unjustifiably exposing" my granddaughter? I'm not saying that she did not do anything wrong, it seems she is being treated unfairly. Thanks. Worried Grandmother


If you're THAT worried, hire her a lawyer.

The county attorney has broad discretion in deciding who gets a deferred recommendation.

Ultimately, it is up to the judge.

That is why she needs legal representation.

She also needs to learn that you get more flies by spreading honey, not vinegar.

Her attitude is hurting her.

She wants something, she has to play the game.

Accepting responsibility, remorse, and regret are part of what is required to get a deferred adjudication.
 
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