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  #1  
Old 06-22-2020, 11:31 PM
WondersGurl WondersGurl is offline
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Exclamation What will he get in court vs requesting long term in-patient rehab

My husband is currently incarcerated in a county jail locally awaiting arraignment his current charges are probation violation which is his second PVO but when we got picked up in a different county and they took him in on a warrant but also charged him with possession and paraphernalia of methamphetamine he has been sitting in jail with no bond for the last 18 days and is scheduled for court July 6 for the arraignment of the April charges. he is currently on a diversion program for burglary third degree from 2016 since then he has gotten arrested twice for shoplifting under $100 in a different county but has taken care of those charges his current charges he will be facing will be methamphetamine possession and a public intoxication charge from April 22 and now on June 5 the methamphetamine possession and paraphernalia possession charge But the June incident happened in a different county and isnt set for arraignment until July 31. They evaluated him in jail Friday and recommended long-term inpatient rehab but my question is will he be better off to wait until his court date and try to fight it in court in April when he got caught he did not have any drugs on his person and they did not test him for any drugs so Iím not sure of how he got a public intoxication charge I think that may could get thrown out and also in June this past time he did not have anything on his person either we live in Kentucky what are you allís thoughts on what he will get if he goes to court versus whether he takes inpatient long-term rehab because I am afraid he will walk out if he gets that. If he does go to inpatient rehab and walks out what will they do to him thank you for all your answers and support in advance. By the time he goes to court he will been in jail for 31 days so he will not be withdrawing from any drugs and swears heís not going to do them anymore
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  #2  
Old 06-23-2020, 08:42 AM
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dtmom2013 dtmom2013 is offline
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He has quite a few things to consider. He apparently has a drug problem, therefore he would benefit from the inpatient drug program. Will the criminal charges be dismissed?
He has to be ready for that on his own accord or it won't work. I would definitely encourage him to complete the program and move on. He would be in a must better place in his life. I hope he has a good attorney to advise him.
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Old 06-23-2020, 08:49 AM
onedayatatime13 onedayatatime13 is online now
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His lawyer will be the one to ask these questions of since it involves different counties. Each state handles things differently.

He is in active addiction. You cannot fully trust that he is done with drugs. At the moment he may be, but that can change very quickly due to different triggers. It is a process that takes time, a lot of work and healing. I am leery of an addict saying I'm done immediately after getting in a lot of trouble. This will be a long road.
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Old 06-23-2020, 11:05 AM
PrayingMama912 PrayingMama912 is offline
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Ive had similar situations with my son.
1st of all, dont believe him. Hes only done with drugs because hes in jail. And if you put enough money on his books he can prob get the drugs in there.
I would suggest taking the in house long term treatment. Its prob some type of RSAT program the state will pay for, but its beneficial if he truly wants a drug free life.
The other charges will fall in line. You can talk to his PO or if youre using a court appointed attorney suggest the charges be dead docketed until his completion of the program. And Im sure his probation will be extended, again, make sure if he can complete probation the charges will be dismissed.
Believe it or not, the court system wants him to be drug free and a functioning member of society, but when he get arrested repeatedly, hes not drug free nor is he a functioning member of society.
I wish you both the best of luck
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Old 06-23-2020, 08:18 PM
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From my understanding, he's had his one bite of the diversion apple. The new charges (IMHO) will not be diverted.

Quote:
...thoughts on what he will get if he goes to court versus whether he takes inpatient long-term rehab...
I think that both counties would have to agree to long-term rehab, but with his criminal history I don't see that happening. In-patient rehab is not an "offer" he can just "take" because he wants to...It has to be requested by his attorney and approved by the Judge.

Quote:
when he got caught he did not have any drugs on his person
Quote:
...methamphetamine possession and paraphernalia...


Was there meth, even residue in his pipe? That's still possession. FYI: Even if he'd just bought the pipe, flower still in it, never used, its still considered paraphernalia and chargeable. First paraphernalia charge is a misdemeanor, second one is a felony.

It can take months, up to a year+ sometimes to get through the court process. There is a Rocket Docket, but I'm not sure how that works. I've always heard the longer it takes to get trial, the better the offers, but don't quote me as every situation and outcome is different.

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  #6  
Old 06-23-2020, 08:56 PM
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ď.......... and swears heís not going to do them anymoreď

How many times has he sworn this?
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  #7  
Old 06-24-2020, 12:26 AM
enigmaingr enigmaingr is offline
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I don't know about Kentucky, but in most situations, those initial jail assessments just mean he's eligible for certain programs. It's still up to the prosecutor to offer it, and for the judge to accept and order it. If he is offered rehab, he should take it certainly. Quite likely, rehab would be a part of his probation, and so if he walks away, he's violating probation, which could (and likely would given he has a history) result in a trip to jail or prison.


The biggest problem here will likely be him having charges in two different counties. He could be offered rehab in one county, and the other county could just not care about that and put him in jail.
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Old 06-28-2020, 07:04 AM
bellisq bellisq is offline
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I always say fight all charges. Even if he gets into a treatment program, he wants to clean up his record as best as possible.


You're getting some good advice about dealing with addiction. I hope you go to Naranon or Alanon for some real help for yourself. If you ready your paragraphs about someone else, your reaction might be very different. You've accepted a "normal" that isn't and you need help being healthy yourself. Addiction is a family disease and you are right in the thick of things. Good luck to you.
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Old 06-29-2020, 01:49 PM
WondersGurl WondersGurl is offline
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The PO had him evaluated and said they were going to recommend long term rehab at court next week but he has done said if he gets it he is walking off no matter what because he can’t stand to be away from us any longer. I don’t want him to screw up the rest of his life more than he already has by being on the run for the rest of his life like he’s planning. I want him home too but I don’t want him being a felon on the run. I’m so torn and depressed. It may be easier if he could see me but with Covid they aren’t having visitors. He wants drug court if any rehab is in the deal. He’s been to three different outpatient rehabs and didn’t complete them. Drug court is much more demanding though and I think he may actually do well with it. Thanks for all the advice.
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Old 06-29-2020, 01:51 PM
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Quote:
Originally Posted by bellisq View Post
I always say fight all charges. Even if he gets into a treatment program, he wants to clean up his record as best as possible
If a treatment program is a desired outcome, fighting charges by taking it to trial may take treatment off the table. Most treatment options available through the criminal justice system require a plea, under the guise that treatment is only possible through an admission of a problem.


That is not to say that you shouldn't fight for an accurate plea, e.g., a plea to possession instead of intent to distribute. Just know though that when push comes to shove, and a jury sits, of all the things that could happen, treatment will not likely be one of them.
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