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felony probation and arrested

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lostinsabinepar

Junior Member
Louisiana

my husband was arrest lastnight... First he is on felony probation for 2 counts of unauthorized use of a movable. (both charges bogus more or less but plea bargain) lastnight we were going on a beer run. i was driving and we seen a ex girlfriend of my husbands. she kept following us. well we ran into a friend of ours that asked for a ride near where we were going we let him in the back seat with our 2 children. we were headed out of town when we were pulled over. The cop asked for my liesnce which i didnt have on me like a dumb dumb. he never asked for my reg. or proof of insur. he asked me to step out the car i did. he got my name and b-date and called it in. then asked me who the passengers of the car where i told him my husband 2 children and a friend of my husbands that needed a ride. he begins writing me a ticket for no license on person. but kept stalling. Next thing i know 5 more cop cars pull up with lights on one being a k-9. i asked what the problem was they asked if they i had anything in my car i replied no sir not that i am aware of (because i did not know the passenger well). i denied afraid they were going to wake my sleeping grippy children. he rudly stated he was getting his dog out and taking him for a walk around my car. i asked him please don't wake up my children. he stated he can walk his dog anywhere he wants and his dog wants to wake around my car a bit. well the dog went crazy. they tore my car apart the guy we were giving a ride to had ****ing crack and a pipe on him that he tried to stash in the bottom of my seat leading to the trunk. he took credit it was his. then bam they say they found weed in my car. and tried to handcuff me i swear i had no weed in the car. i haven't smoked weed in 5 years. well they were taking my kids out of my arms and telling me they were taking them to foster care. my husband spoke up and lied and told them it was his and to leave me and his kids alone. so now he is charged with possesion of marijuana( a very small roach) and possession of controlled dangerous substances in the presence of persons under seventeen years of age. man it was not ours. but they said because it was found toward the front seat it was. i loan my car out a bit to people that need it because i have 3(i won't be anymore)it could be anyones. he is on a probation hold and now they are saying he has to back up his 2 years of probation. this isnt fair. he is going to loose his job. this is going to cost us our home and everything. and they called C.P.S and im being harrassed even being told i might have to divorce him just to keep my kids.... we can't afford a lawyer... im scared to death. ive never been without him now this .... what do i do
 


jhawktransplant

Junior Member
hmmph....you and your hubby didn't do much right that night. To put it bluntly. Beer + Night + Children + Ride for Crackhead + HUSBAND ON PROBATION TAKES BLAME FOR SOMETHING THAT IS NOT HIS = Busted. But I feel for you, I really do. I hope you can tell what I feel was the absolute worst thing you guys did that night. YOU should have taken the blame....dude, you would have got a slap on the wrist. You would never have had your children taken away from you. CPS and the DSS want to keep families together typically, don't always be so quick to jump their ****.

What I would suggest doing is taking out a mortgage insurance policy asap. But be sure to check for pre existing condition terms. There isn't much point in paying an insurance co. for something they won't cover, in other words they might cover your house payment for awhile if your husband loses his job, but they might not if the reason is because he has to serve time.

Get a lawyer, a court appointed one if you have to, but I wouldn't suggest it...you guys have a big mess.

Also if his boss is cool enough and the co. is cool enough they might let him just resign (if it comes down to it) and then get his job back after his term.

Can't think of anything else, keep your nose clean....and don't do the beer run thing...or the crack friend thing with your kids in the car thing anymore...
 

lostinsabinepar

Junior Member
I tried to take the blame but everytime i tried to speak up hubby would tell me to shut up and go home and take care of the babies. Now the cops are trying to say they smelled crack smoke in the car.. which is a flat out lie... so they put another charge of illegal use of a CDS in presence of person under 17. I'm so confused this is a small town and i have heard of people getting screwed by cops because of it but all this is so unreal it seems like a bad dream. me nor hubby has ever done anything but weed and we stopped that when i got pregnant with our first child. how can people who live right to the best of thier ability get in so much trouble...it doesnt help that the cop who pulled us over is being sued by my mother-in-law for harrassment we didnt make this connection till today when i got the police report and recognized the name.
 

ERAUPIKE

Senior Member
I tried to take the blame but everytime i tried to speak up hubby would tell me to shut up and go home and take care of the babies. Now the cops are trying to say they smelled crack smoke in the car.. which is a flat out lie... so they put another charge of illegal use of a CDS in presence of person under 17. I'm so confused this is a small town and i have heard of people getting screwed by cops because of it but all this is so unreal it seems like a bad dream. me nor hubby has ever done anything but weed and we stopped that when i got pregnant with our first child. how can people who live right to the best of thier ability get in so much trouble...it doesnt help that the cop who pulled us over is being sued by my mother-in-law for harrassment we didnt make this connection till today when i got the police report and recognized the name.
You did have weed in the car. You took your two small children out of their beds to go get alcohol and apparently give a crack head a ride out of town at the same time. Your husband, a convicted felon, was in the car with you when you were stopped by the police. The felonies your husband was charged with were completely bogus just like these, another victim of circumstance.

Do you see the pattern here yet?

You show a pattern of irresponsible high risk behaviors. This time you got lucky and got to keep your kids, for now. You can bet CPS is going to be knocking at your door wanting to take a closer look at the welfare of those poor kids. Your best bet is to clean up your act, your house, and your life. Get yourselves into rehab and concentrate on raising your kids rather than partying. Hire a lawyer.
 

lostinsabinepar

Junior Member
You did have weed in the car. You took your two small children out of their beds to go get alcohol and apparently give a crack head a ride out of town at the same time. Your husband, a convicted felon, was in the car with you when you were stopped by the police. The felonies your husband was charged with were completely bogus just like these, another victim of circumstance.

Do you see the pattern here yet?

You show a pattern of irresponsible high risk behaviors. This time you got lucky and got to keep your kids, for now. You can bet CPS is going to be knocking at your door wanting to take a closer look at the welfare of those poor kids. Your best bet is to clean up your act, your house, and your life. Get yourselves into rehab and concentrate on raising your kids rather than partying. Hire a lawyer.
First of all cps came by today and drug tested me. I am now clear and the case on me is closed. second my kids were already out of bed we were attending a family birthday party. i was the only one not drinking so you think it would have been better to leave them in a house full of people drinking????? my husband was on probation because he was buying a truck from a friend of his and when she decided she wanted to be more than friends and he shut her down she called the truck in stolen and it was still in her name. and because he trusted this person he didnt have paper work he plead guilty to it because of risk of going to jail for 5 years and being away from me and his kids. Third we did not know this man was a crackhead he was someone my husband went to college with that he hasnt seen in a long time how were we to know what this person does? third of all the cps lady said she was going to help us and that they would be going to the jail tomorrow to piss test my husband and when he comes back clean that will be something to help us get this thrown out. so do not judge before you know all the facts.
 
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lostinsabinepar

Junior Member
What did they say when they found your gun?
Are you serious or just a smartass?

and i like others here are not posting to be judged on what you think happened or who you think we are. its for legal Advice.

i agree we probably didnt make all the right choices but tell me one person in the world that has never made one bad choice in there life??? i bet you can't no matter how big or small.

And a thank you to jhawktransplant for giving you opinon but also keeping an open mind. the cps lady told me he would have went to jail on violation on probation either way from being in the car where stuff was found. so me taking the blaim would have just had us both in jail.
 

ERAUPIKE

Senior Member
First of all cps came by today and drug tested me. I am now clear and the case on me is closed. second my kids were already out of bed we were attending a family birthday party. i was the only one not drinking so you think it would have been better to leave them in a house full of people drinking????? my husband was on probation because he was buying a truck from a friend of his and when she decided she wanted to be more than friends and he shut her down she called the truck in stolen and it was still in her name. and because he trusted this person he didnt have paper work he plead guilty to it because of risk of going to jail for 5 years and being away from me and his kids. Third we did not know this man was a crackhead he was someone my husband went to college with that he hasnt seen in a long time how were we to know what this person does? third of all the cps lady said she was going to help us and that they would be going to the jail tomorrow to piss test my husband and when he comes back clean that will be something to help us get this thrown out. so do not judge before you know all the facts.
The fact is that if you had not engaged in this high risk behavior none of this would have happened. Your husband was not arrested for use, he was arrested for possession. The CPS case will be thrown out but not the criminal case against him. If he is lucky, his probation officer will listen to him. If not, he could be looking at some time.
 

lostinsabinepar

Junior Member
The fact is that if you had not engaged in this high risk behavior none of this would have happened. Your husband was not arrested for use, he was arrested for possession. The CPS case will be thrown out but not the criminal case against him. If he is lucky, his probation officer will listen to him. If not, he could be looking at some time.
actually thats part of the problem the cops are trying to claim the car smelled like crack smoke. and are charging him with illegal use of a CDS in presence of person under 17 on top of the possession.
 

ERAUPIKE

Senior Member
actually thats part of the problem the cops are trying to claim the car smelled like crack smoke. and are charging him with illegal use of a CDS in presence of person under 17 on top of the possession.
You're original post stated " possession of controlled dangerous substances in the presence of persons under seventeen years of age." If you posted the statute numbers he was charged under you would get more accurate legal advice.
 

cyjeff

Senior Member
hmmph....you and your hubby didn't do much right that night. To put it bluntly. Beer + Night + Children + Ride for Crackhead + HUSBAND ON PROBATION TAKES BLAME FOR SOMETHING THAT IS NOT HIS = Busted. But I feel for you, I really do. I hope you can tell what I feel was the absolute worst thing you guys did that night. YOU should have taken the blame....dude, you would have got a slap on the wrist. You would never have had your children taken away from you. CPS and the DSS want to keep families together typically, don't always be so quick to jump their ****.

What I would suggest doing is taking out a mortgage insurance policy asap. But be sure to check for pre existing condition terms. There isn't much point in paying an insurance co. for something they won't cover, in other words they might cover your house payment for awhile if your husband loses his job, but they might not if the reason is because he has to serve time.

Get a lawyer, a court appointed one if you have to, but I wouldn't suggest it...you guys have a big mess.

Also if his boss is cool enough and the co. is cool enough they might let him just resign (if it comes down to it) and then get his job back after his term.

Can't think of anything else, keep your nose clean....and don't do the beer run thing...or the crack friend thing with your kids in the car thing anymore...
Why don't you take care of your 7 year old outstanding felony warrant before you start giving OTHER people advise on their legal issues?

You also, apparently, understand as little about insurance coverage as you do about law.
 

cyjeff

Senior Member
actually thats part of the problem the cops are trying to claim the car smelled like crack smoke. and are charging him with illegal use of a CDS in presence of person under 17 on top of the possession.
I am betting that your crackhead friend REEKED of crack.... it is a very distinct smell.
 

lostinsabinepar

Junior Member
You're original post stated " possession of controlled dangerous substances in the presence of persons under seventeen years of age." If you posted the statute numbers he was charged under you would get more accurate legal advice.
I know that was my first statement because i never thought they would charge him with use but when the report was released to me it was indeed USE not possession thats part of why im so confused. i have never been in trouble or really known anyone who had been in trouble.
 

lostinsabinepar

Junior Member
I am betting that your crackhead friend REEKED of crack.... it is a very distinct smell.
I really wouldn't know what crack smells like i mean he smelled bad but i just assumed he had BO. Could someone kinda describe what crack smells like so that i know.....
 

cyjeff

Senior Member
I know that was my first statement because i never thought they would charge him with use but when the report was released to me it was indeed USE not possession thats part of why im so confused. i have never been in trouble or really known anyone who had been in trouble.
Other than your husband? Or your crackhead friend?

Anyway.... sell everything, get an attorney, hope for a hail mary.
 

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