I am an Army veteran on 100% disability for PTSD. I recently was arrested for assault / impeding breath and am out on

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Customer: I am an Army veteran on 100% disability for PTSD. I recently was arrested for assault / impeding breath and am out on bond currently. I am trying to get into a treatment program for PTSD/depression but they are unable to place me in the program unless there is an OK from the court to go. The DA is unwilling to provide anything and states that I need an attorney to proceed
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: They have not made any move on the case beyond initial arrest
JA: Have you talked to a JAG attorney about this? Or anyone in the chain of command?
Customer: Weatherford Texas, Parker County
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No. I don't know anything about JAG and did not know that was an option for me
Answered by Zoey_JD in 2 mins 8 months ago
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Zoey_JD
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Zoey_JD, Expert

Hi,

I’m Zoey, and I am an experienced attorney. I know your question is important to you and I will be giving it the time and attention it deserves.

In case you would like a faster response, the site will automatically offer you an optional phone call for an additional fee. No need to choose a phone call unless you'd like one. I’m happy to type or to talk.

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Zoey_JD, Expert

Have you retained a lawyer yet for your case?   When is your court date?

Customer
I have not
Customer
There is no court date
Customer
I was arrested Nov 30, bonded out Dec 24
Customer
No other movement has happened
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Zoey_JD, Expert

Do you know why there hasn't been a court date set?

Customer
I have just been told it is because this county takes their sweet time
Customer
I want to go to treatment and the bond office approved that request, but the treatment facility is insisting that they need the DA to approve it as well.
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Zoey_JD, Expert

As you're at liberty, there's nothing illegal about that, but it certainly leaves you up in the air with regard to the case.

Give me a few minutes to type you a reply.

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Zoey_JD, Expert

While putting yourself into treatment is a good idea,  it's best if the DA approves this.  The last thing the facility would want would be to take you in and find out that the county issued a warrant for your arrest for your failure to appear in court when the date finally gets set.

For a variety of reasons, DAs are not willing to deal with unrepresented defendants except in court on the record in front of the judge.   So as you've learned, you're not going to get the DA to approve something on your behalf when you don't have counsel.  It is not their job to advise you or represent your interests.

What you're asking for is not unreasonable, but it's going to take a lawyer to negotiate your entry into this program.  If you can afford a lawyer, you can retain one and have him or her work something out with the DA so that you'll be able to attend the program.

If you're indigent, once the case starts, you'll be eligible for a public defender.   They must be appointed by a judge and that can't happen until your court date.   If you don't want to wait that long, you can go to the public defender's office and explain the situation to them. Ask if they would be willing to contact the DA so that you can get into the program.    While a public defender would not be officially your lawyer, they are frequently willing to go to bat for a defendant in an emergency situation who needs the assistance of a lawyer and who would become a public defense case anyway.

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Zoey_JD, Expert

Do you need me to clarify anything or to give you more information?

Customer
No, thank you I believe I have a fair understanding of the situation.
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Zoey_JD, Expert

You're welcome!

Any other follow-up questions?

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Zoey_JD, Expert

If there is anything more I can help with for this issue, you can always find me again on this chat thread. If you have new questions about other topics, you can reach me at https://www.justanswer.com/law/expert-zoeyjd and by starting your new question with "For Zoey Only."

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