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The War on Drugs - and the results of it A war against drugs, or against families?

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  #51  
Old 11-08-2005, 09:06 PM
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He took a plea. I'm still not sure if that was the right thing to do. He was looking at along time (I'm talkin like 270 something years when you added it all up), so I guess 10 years didn't sound so bad. It probably wouldn't of got anytime if he would have snitched like his so called boyz did.
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  #52  
Old 11-12-2005, 10:29 PM
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My husband got in trouble with Manufacturing 2 different times about a month apart. So he went to court on both charges at the same time. He had never been to Prison before this. The court appointed attorney never called me or my husband to discuss anything. He discussed it with us the day of court about 5 mins before my husband went in front of the Judge. He told us that if he did not take the plea bargain and he went to trial on it that he would not see the light of day for a while. The lawyer told us that the plea bargain would be 12 yrs and he would probably do 2 yrs on it. So that is what my husband pled guilty to. After my husband went to Diagnostics they now have him serving 1/3rd of his sentence which is 4 yrs. That is not what we were told. I am currently trying to find out who lied or who screwed up but I am not getting anywhere fast. Everyone just keeps passing the buck. I do not know exactly what to do and no one can seem to tell me. So If anyone can point me in the right direction it would be very much appreciated!

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  #53  
Old 12-07-2005, 03:28 PM
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My fiance has been in trouble with the law since he was a juvenile. He has a long criminal record. All the crimes he did in the past he was guilty of and never took them to trial because he knew that he commited the crimes. This tiome around, I know and he strongly voices his innocence. He got out of prison in early 2002 and we got together in late 2002. He was doing everything he was suppose to do as far as parole and atending his anger managment classes faithfully every week. He had a great job and was getting his life back together. Even his parole officer saw the difference and the positive change in him. Then, in 2004 he was at the wrong place and at the wrong time and got a parole violation and was accused of a crime that he didn't commit. He was asked to give names and bascially speak against the others, but refused to speak against anyone else. So when his trial started they were trying to give him 25 years to life. Right before the trial started the DA offered him 15 years and I told him dont take it and to fight this battle to the end to prove his innocense. He went through the whole trial after a year of going back and forth to court. He had a hung jury. Out of the 12, 8 found him not guilty and the other 4 found him guilty. Then the DA offered him 10 years after the jury could come up with a verdict. After two days of that, the DA finally went down to 3 years and my fiances PD stressed to him to take the plea bargain because thats the best deal he was going to get and if he requested for another trial that he would likely get a "not guilty" verdict. So he took the bargain and got 6 years total because they charged him with a second strike. His release date was given as November of 2008. So I got another 2 years and 11 months. So basically three years and counting. I wish he could come home earlier but I know that I cant get my hopes up.
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  #54  
Old 01-07-2006, 03:21 PM
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Default plea bargain was a blessing

in my bestfriend's case his plea bargain was a blessing. he was a 2 time offender and caught his third case. but in my county the courts are so backed up that if he would have taken it to a jury it would have just kept are jail even more over crowed. so instead of taking it to a jury and getting his manditory 25 to life they offered him 5 yrs in exchange for a simple guilty plea. thats with a court apponited attorney. he took his five years with a big smile.
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  #55  
Old 01-07-2006, 09:21 PM
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My husband was talked into taking a plea bargain as well...He faced 5 counts each carrying "no less then 20 years"...and lawyer told him to take a plea to two counts of something else or he would be found guilty of atleast one count and go for 20 years at least...He is innocent, but had been in before, and they started saying they would use his past etc...so he took the plea and got 6-10years...not sure if it was a blessing or not...hind sight sure is a pain in the butt...like everyone else says, if me and him only knew then what we knew now, we would have fought it til the end!
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Old 01-29-2006, 04:49 PM
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Default my husband is not quilty

my husband is not quilty but was changed with conspiracy, & was offered a plea bargain to amitt he was quilty, but what do you do, do 15 years Or 10/ its crazy but i beieve there is a draft into the prison system & they are recriting us for free labor ^ its up to us to do 5, 10 or life/ working for free & being a number: my husband did nothing, all we can do is change today for tommorrow but the cell they live in is owned by stock owners/ i hate this, but his mind is free & our love is free/ we are together in this net/ we just have to free our selves from the chain game:
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Originally Posted by chris's mom
bluemama, My son took a plea on a drug charge. He was a first time non violent offender. he was 30 years old at the time of his arrest and had never even had so much as a drving charge. He was told by his court appointed lawyer that if he didnt plea he would be found guilt and sentenced to maybe 30 years, so he felt he had no choice. He bargained for a 15 years sentence 5 to be served and 10 years probation. His lawyer first told him that it could be thrown out of court because of illegal search and sezure but then changed to he would be found guilty if he went to court. We had no money for a new lawyer so he signed a plea. We are all at the mercy of a corrupt system.
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  #57  
Old 01-29-2006, 06:35 PM
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Federal. Son was talked into a plea agreement and was made promises that were not kept by the Federal prosecutor or his attorney. I agree that the whole system is corrupt.
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  #58  
Old 01-30-2006, 04:41 AM
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Default Injustice System

bluemama, here is another one for you. My son got in quite a bit of trouble when he was a juvenile. He was on probation in 1999, got drunk and threw a beer bottle at a cop. His probation was revoked and he spent 3 years in a Texas State prison. He had only been out for 9 months when he went down that old path of booze and drugs again. He and another guy stole a DVD player one night and when they were stopped by the police, my son panicked, threw the car in reverse, and slammed into the back of the police car. He was charged with assault on a peace officer for a second time. His second charge was "enhanced" which could have gotten him 99 years in prison. His plea bargain was for 15 years, and they said it was non aggravated. The thing that gets me is that I've heard of cases where a murder was commited, and the killer would only get about 5 years or so. Some people tell me he got out lucky at 15 years. What is your opinion? I could see him getting 99 years and I was afraid for him to fight it. I know he was guilty, but I didn't think he should have gotten that much time. He also didn't have much of a lawyer. (Court appointed.) Another thing that stinks in this "injustice system" is the slim possibility of parole. I used to think that if a convict got in there and honestly tried to better himself, he or she would be released sooner. Now I'm wondering? I'd honestly like some opinions on this. Thanks...
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  #59  
Old 01-30-2006, 08:52 PM
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My son, as well as myself were 'scared' into a plea bargain that they renegged on the day of his sentencing. The plea was for 15 years, minus time served and the lawyer said we could bargain down from there. In court, the PSI rep agreed, the judge agreed, and then the prosecutor went Nuts! He said if the judge granted him the 150 months, he would bring this back to court, take up time and taxpayers money and would see that my son got 25-life! The judge cowered and gave my son 22 years! I feel our 'high priced' lawyer did didly squat, but with our money spent we now had no where to turn. We are looking to get a PD for his appeal which I already payed to file. Almost 3 weeks now and his lawyer has not even returned my calls. The day of sentencing I told the lawyer we had no more money to use her for an appeal and would have to go with a PD. She said she would do all she could to help. SHE CAN'T EVEN RETURN A DAMN CALL!! My personal opinion is she 'traded' my sons case with the prosecutor for leverage on another case. Too much detail to get into, but no one will convince me different.
Glad I have this board to sound off on.. ty
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  #60  
Old 01-31-2006, 12:31 AM
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My Husband died 2 months after arriving in a prison in Arizona. He complained of having severe headaches; thus, as they progressed my Husband was unable to walk or feed himself. Still they would not send him to a hospital and he made several request in writting begging for medical attention. On Dec 21,2005 @ 0100 they removed him from the cell via stretcher and placed him on the floor in a holding cell, where he laid and died around 5:00 am. They called me @12:50 pm telling me my Husband passed away. Oh, You can bet there is a WHOLE LOT I am in the process of doing. I want to help as many people as I can from being, neglected, abused or tortured while they are in the hands of the DOC. My website is www.justiceforrichard. Please check it out. If noone from the outside helps NO ONE WILL.
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  #61  
Old 03-03-2006, 09:48 PM
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My husband hasn't entered a plea yet. He goes to court on the 9th of this month.His court appointed attorney is telling him he needs to take what they are offering. Which is 274 months FED. Thats over 20 years. His lawyer told him if they take it to trial he will get longer. I think its way too much time. He is being charged with manufactory and delivary. And is also being charged with conspiracy. We don't know what to do.
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  #62  
Old 03-03-2006, 10:02 PM
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He must be a court appointed lawyer they always say that. What state is this happening in ?
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  #63  
Old 03-05-2006, 02:05 PM
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In Texas and yes it is a court appointed lawyer.
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  #64  
Old 03-05-2006, 02:17 PM
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Meth ? and is this a Federal case ? First drug related offence ? I want to see if I can get together some info for you. Private message me if you want.

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  #65  
Old 03-05-2006, 03:40 PM
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This is so common with court appointed attorny's... Please get all the facts. 274 months is along time with plea... my husband went to trail, we was looking at 155 +mths, rec'd 97... you know every situation is different based upon sentencing guidelines and any prior convictions. The judge has the power to give upward or downward departure. I say all this for your family to take "everything" into consideration... If it's in your heart to take a plea, ask your attorney to work w/DA to reduce his offense level, etc. Pray about it, ask god to lead your heart in the right direction. Blessings.
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  #66  
Old 03-10-2006, 06:26 PM
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As in any profession there are those who are passionate about their jobs and those who are in it for the money. I think some of the blame for court appointed lawyers who do not make much of an effort lies in the court systems and local political systems. These lawyers are often paid a flat fee regardless of it going to trial or a plea bargain and if you are in the profession for the money then obviously you can rake in the dough by having cases dealt with quickly, thus plea bargains.

Some lawyers may be offended by some of the comments that have been posted, though they should keep in mind that if their interests are in their clients seeking a just and fair trial then they have nothing to fear or be offended by and they should be proud of the job they do. Those who are basically not doing what they should for their clients, reading the file 5 minutes before the court appearance and generally are winging it should be stopped in their tracks. There are many men and women who have not been treated fairly in the courts and they could do nothing about it because they didnt have the big bucks to spend on lawyers who will actually investigate a charge and do what they should for a client.

Yesterday my best friends son went for sentencing. Now fortunately for him I was aware of most of what had gone on. I discovered that his lawyer not only told the crown and the police that she felt her client was lying but basically told him to plead guilty and accept what the crown gives him. The classic line, 'otherwise you will do xxx amount of time' A lawyer actually has no right to discuss her views on her clients truth or lies to outside parties nor does she have the right to read the future and tell him how much time he will get if it goes to trial. No lawyer does, they can estimate and give examples or ranges but they can not know the actual outcome of a trial and what a judge will dish out. Some lawyers are very experienced and can give better examples of what to expect but they can not know for sure and shouldnt come across to their clients as if they are. Those are fear tactics in order to wrap up a case and go on to the next paying one.

Anyways, I gathered all the information and he was armed with a petition to the courts as to why his lawyer has failed him and mislead him. The judge immediately dismissed his lawyer and today he was appointed a new lawyer and the whole thing is to start over again and a prelim trial date has been set for three months from now. Im quite sure the new lawyer is aware that Im going to be keeping a close eye on things. My friends son has a mental capacity of well under the norm and there is no way Im going to allow her son to be shoved in prison for something he has no concept of nor will I allow his lawyer to treat him in a manner that he does not understand.

Folks, if you cant change the system then you got to get in their face and watch every move and do everything you can to keep things on track, keep records and notes of everything. Email and write the lawyer questioning everything on your loved ones behalf. Get written permission from your loved one to discuss the case with the lawyer.

This thread and this forum is a great place to exchange information about things like this that take place for drug related charges and the court proceedings. Please feel free to post anything you know that might help another member get their loved ones a fair trial or at least fair proceedings even if they do take a plea bargain. And know in advance the results of a plea bargain, in most cases that means 'no appeal' though in some cases a judge can change the ruling or the sentence length. Its all about getting educated about what is going on quickly and step up to the plate for your loved one. Dont let a lawyer make you feel like you do not have the right to know what is going on.

Please post links to legal infomation and cases that are good examples. None of us were born with law degrees and most of us didnt know what we need to know before our loved ones got in trouble so please share information and make sure you say which state or country it deals with and if its federal or state information. And remember this particular forum is for drug related cases.

Support = Sharing Information
We all have to support each other, that is what the PTO family is all about.
Keep posting folks and keep sharing!!!!!

Last edited by witchlinblue; 03-10-2006 at 06:36 PM..
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  #67  
Old 03-10-2006, 09:46 PM
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OREGON-My fiance was up against 6 felony charges. All dealing with marijuana, (2 were becasue of 1000 feet of a school) They plea bargained him and he accepted delivery of a controlled substance to a minor. He was told he could have got over 30 year if tried to fight charges. He ended up with 16 months, so not too bad, even though everyone thought because of the first time offence he would get off easier...Definately go with your heart, and in the end everything will work out for the best! Good luck!
Sarah
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  #68  
Old 03-31-2006, 07:19 PM
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State- Case Was Strung Out For Two Years And D.a. Wanted 25 To Life. First Time Offender, Non-violent And 44 Years Old. Wanted To Make An Example Of Him. He Got 4.4 Years @ 85%. Lawyers Wallet Got Fat, D.a. Got Another Notch.

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  #69  
Old 05-01-2006, 05:47 PM
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I'm sorry to hear that almost everyone on here got a bad deal. I got a great deal. My crime was prescription fraud (state) and the max they could have given me was 5 years in prison but I'm a first time offender. But I had a great PD who turned in doctors letters (I'm bipolar) saying that before I was stabilized on medication I really didn't know what I was doing. I ended up getting 2 years probation deferred adjudication. But like I said I had a great PD who actually seemed to care. When I bailed out of jail they told me that since I bailed out of jail I should be able to afford my own attorney. They told me the only way I could get a PD was to go back and wait in jail. So I thought I was going to lose everything (apartment, etc) so I took a bunch of Xanax and hitchhicked to jail and they saw how unstable I was so they granted me a PD right on the spot and sent me to a mental institution for evaluation. I think that helped my case because the judge remembered me when I went to be sentenced. So some cases turn out fair. After all I was guilty.
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Old 04-11-2010, 03:13 PM
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In Clackamas County, Oregon they have a Consortium that is paid by the County to encourage defendents to take a plea. The Public Defenders, AKA: public pretenders, AKA: PP's, are not paid enough to truly consider putting on a proper defense. So to avoid having to work the PP encourages those they are 'paid' to defend to plea out. If they do go to trial the PP's make a point of not object to anything during trial. Not preserved--Not appealable, how clean. Many of the accused are scared and 'trust' their PP to be have defendents best interest in mind and guess what.....he's not paid enough to care.
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  #71  
Old 04-26-2010, 12:11 PM
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My Dad took a plea bargain and got 20 years, 10 suspended. He was told by his Public Pretender that he would get 50%, but instead it is 70%. I even called her to make sure he got 50% and she said it would drop to 50% once he left the county jail, but he's still at 70%. This is in Arkansas.

If we could have afforded a real lawyer things would have been so different.
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  #72  
Old 04-27-2010, 05:36 PM
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My son was offered a plea bargain of 25 years, which he said no to, he finally plea bargained for 10 for possession of meth. He was 19. We were told by a hired attorney to take the plea bargain because otherwise he would get much more--he initially had 5 charges---all the usual.Everything they can think of. By the way, it was not his meth, but he was getting a ride and intended to buy some from the 2 people he was riding with. He didn"t know they were 'cooking" it at the moment--in the back of the van-but it wouldn't have mattered. It just happened that it wasn't his.Those 2 got 25 each. anyway--6 years later he's still there.And now being investigated for being in a gang.I felt like it was all such a sham when the judge said to my son---no one is coercing you into this ---you are agreeing that you are guilty.And I wanted to scream that yes--everyone is coercing us into this---no one wants this to go to trial----no one wants to hear the truth or be bothered with it. We were also told that it would make the judge angry if he tried to force a trial.I'm not sure the attorney matters at all.
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  #73  
Old 04-27-2010, 09:03 PM
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Maybe the attorney matters. Maybe not. We had a public pretender too. I can't help but believe that with the 'right' amount of money ( uh...I mean attorney), my husband wouldn't have been coerced into a plea agreement either.

He was told, upon his agreement to the terms that he'd serve a max of ten years. Here it is eighteen years later.

They just released John Hinkley for his attempt on the president's life. He actually planned on and suceeded at shooting someone. Serious malice aforethought. But he is free. As is the asassin of Malcom X. The man shot Malcom X and tho, yes, he served 45 years, he is free.

The rules vary. The system is complex and always has favored fame and fortune over 'rights', 'responsibilities', 'reform' and giving punishment that honestly fits the individual crime.

The best way to fight this is to change things ourselves. We, as a society, created these laws, elected these officials and trusted them to our lives. As each of us wakes to a new day, we are subject to anything. Unless we make a difference. I'm not sure 'how' yet, but I pray for the knowledge to make a difference.

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  #74  
Old 05-08-2010, 12:43 PM
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My autistic, Developmentally Delayed, bipolar son took a plea bargain for 12 years for child abuse for his 2 year old step child who was injured in a child play fall off a patio table Te medical report and parents statements matched the "Fall" findings of the UCDavis Medical report but the Sutter County DA who is also the CA state chair of the DA-ASS pursued any way. Both Parents were told the DA would not allow a defense or investigation, the Attorneys would only appear and the would deliberately lose if they would to try and the DA would add 2 more strikes insuring life sentencing. His DEAL was to get to plead innocent under WEST " A good Father goes to prison to protect his family, the judge will know you protected your family..." PM me if you want his CDC # and address
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Old 05-24-2010, 08:06 PM
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Public Defender: My son took a plea at the very last minute, the day of trial. The attorney was not ready for a trial at all and we knew it. They told him either take a plea of 10 to 25 yrs or if it went to trial they could try the 2 charges of armed robbery seperately. If he was found guilty of the first in trial, the second one would be automatically life in prison.

Thing was, the whole 1 1/2 yrs my son was in county waiting trial, the attorney was ....lets take it to trial, when it came down to the wire, he was not ready at all that day. He had no one to testify, no witnesses, no doctors, like he knew he could talk my son in to a plea and he did.

What a system we have here in the USA!!!

If the attorney was prepared fully, my son might not have to do 15 yrs in prison.
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