My son has been going to court for probation violation and he has lymphoma (cancer), he has been having chemo treatments and is half way through them. In 2 weeks he will be sentence to prison and will get about 4 months with all his back time deducted. His public defender made it seem like the judge would let him finish his chemo treatments before they take him but now the public defender said the prosecutor is pushing for him to be sentence and taken to prison in 2 weeks on his next court date. Do we have any legal leg to stand on so my son can finish is chemo without interruption then get sentenced and go to prison when he is done with chemo. He is not a flight risk, he is on an electronic monitor.

If the place him in jail prior to completing his chemo treatments, they would become respondible for his well being. The state would have to pay for those treatments.

Once he is in their custody they (state) is respondible for his health care. So you can remind the court that they will be held accountable for his health care.

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Originally Posted by 1needstoknow

do we have any legal leg to stand on so my son can finish is chemo without interruption then get sentenced

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Hello 1:

Not any that I can think of. The only way he can is if the judge orders it. I agree with Mr yet. The prison will be responsible for his health care. That doesn't mean they will do what's necessary to save his life. In fact, I doubt seriously whether they will give those treatements to him in the slam.

excon

Yes, they will and can send him 1/2 though his treatments.

Depending on your area, if he is held in the county jail, perhaps they will send an escort with him to let him get his treatments.

If he is in some state prisons, he may be sent to the state medical prison for treatment there.

It is hard to say, it will be up to the dept of corrections after he is proccessed in.